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Category Archives: State Laws

N.C. Legislature Adopts Changes to HOA Statutes

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.

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A Funny Thing Happened On the Way to the Meeting

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.

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