Pool Immunity & Fee Cap on Statement of Unpaid Assessments
According to Ferris Bueller: “Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it.”
At this point in the legislative session, things more pretty fast. And it’s easy to miss things. There have been several significant changes since my NC Community Association Legislative Update – June 24, 2020 two days ago! Summaries follow, and more fuller reviews will be done as a part of our HOA/Condo blogs.
House Bill 806: “HOA/Condo Pool Opening Limited Immunity”
HB 806 has been amended to where it no longer deals with HOAs, condos or pools. Instead, the bill is now entitled “An Act to Authorize Indoor or Outdoor Exercise and Fitness Facilities, Gyms, Health Clubs and Fitness Centers to Resume Operation.”
HOWEVER, identical pool immunity language has been added to HB 902 (“P&C Changes/Global Tranpark/Prison Pilot),” and that bill has been ratified and presented to the Governor for signing.
The full bill can be found at https://www.ncleg.gov/BillLookUp/2019/HB902 (see p. 10).
Fee Cap on Statement of Unpaid Assessments
HB 902 was also amended to add new language regarding a cap on the statutorily permitted “statement of unpaid assessments.” In short, the new language would allow an association, its managers, or its agents to charge for a statement of unpaid assessments needed for a real estate closing up to $200 per statement with an additional “rush” fee in an amount not to exceed $100 if the request is made within 48 hours of closing.
More details will follow, but the full bill can be found at https://www.ncleg.gov/BillLookUp/2019/HB902 (see beginning on p. 7)
The NC Legislative Action Committee is a committee of the Community Associations Institute and spent considerable time tracking and working on the the final language of these bills. The NC LAC is chaired by Paul Mengert, and Harmony Taylor in our firm serves as a volunteer on the LAC. To properly do its job, the NC-LAC needs funds for letters, mailings and other costs. Please consider a contribution to the NC-LAC by visiting 12 Reasons Why You Should Donate to NC-LAC.
For questions on any of the above bills, feel free to contact me or another attorney at our firm. Additional information will be posted if there are developments on any of these legislative proposals.
Author: Jim Slaughter
Articles have been Reprinted with permission from Black, Slaughter, Black.
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