State Laws
N.C. Legislature Adopts Changes to HOA Statutes
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As many of you know, the House Select Committee on Homeowners Associations introduced a far-reaching 14-page bill in the 2011 legislative session which would have made sweeping changes for all condominium and planned community associations in North Carolina, affecting a wide variety of areas from assessment collection to record keeping. Through active lobbying efforts and significant opposition to this proposed legislation, House Bill 165 was dramatically scaled back from its original proposal, and the amended bill was enacted by the legislature and signed into law by Governor Perdue on June 27, 2011.
A Funny Thing Happened On the Way to the Meeting
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The Wisconsin Democrats employed a clever technique (denying a quorum) to prevent their legislature from adopting an anti-labor law. The Wisconsin Republicans responded with their own smart bag of tricks; they reframed the law to eliminate the quorum requirement and got it passed without the Democrats participating. Can this sort of politicking be used in the context of homeowner association votes? You bet. Read on….
Quorum Rules
Generally, action cannot be taken by official bodies – like a homeowner association non-profit mutual benefit corporation or its board of directors– unless a quorum of its members participates in the meeting or vote at which the action is proposed.
SC Open Meeting Law
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The issue of whether South Carolina HOAs (with respect to Board Meetings) are subject to the “open meeting law” is an often-asked question. Following is an opinion on the issue, along with advice provided by one of our Chapter's prominent HOA attorneys:
South Carolina does not have a statute which addresses Homeowner Associations of single family lots. There is a statute which addresses condominiums known as the Horizontal! Property Regime Act References are made in this Act to the to the contents of the Bylaws as to the administration of condo regimes but they are broad and genera! statements without much detail The subject of “open meetings” is not addressed.
SC HORIZONTAL PROPERTY ACT
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Title 27 - Property and Conveyances
CHAPTER 31.
 SC Horizontal Property Act |
GOING GREEN
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Holly Smith feels sneaky. Maybe it’s because so many FBI and other government investigators live in her Virginia neighborhood near Washington DC.
Behind her suburban home, near the trees and across from other tract dwellings, she hides a device resembling a pipe that stands in her back yard. She’s so worried about being discovered that she doesn’t want her real name used for this article.
She fears her neighbors might get a glimpse of what she is doing – hanging her clothes outside to dry.
