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| Saturday, February 04, 2012
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GloriaM
(North Carolina)
Posts:829
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| 08/14/2009 7:31 AM |
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The below is from an Attorney here in NC; thought this may be of interest to the NC people.
The legislature adjourned for the year earlier this week, so here is a legislative wrap-up.
Three bills of note have been ratified by the House and Senate and presented to the Governor for signing into law. The following remarks are VERY short summaries.
Senate Bill 974 / House Bill 930 (“AN ACT TO ENACT THE CONSUMER ECONOMIC PROTECTION ACT OF 2009”)
Amends notice of foreclosure requirements and, as to owner-occupied residential dwellings, allows Clerk of Court to delay a foreclosure hearing up to 120 days if “there is good cause to believe that additional time or additional measures have a reasonable likelihood of resolving the delinquency without foreclosure.” Provides specific criteria for Clerk to consider in weighing whether or not to continue hearing. Effective October 1, 2009, and applies to foreclosures initiated, debt collection activities undertaken, and actions filed on or after that date.
House Bill 806 / Senate Bill 961 (“AN ACT TO REQUIRE THAT A HOMEOWNERS ASSOCIATION MAKE REASONABLE
AND DILIGENT EFFORTS TO LOCATE AND NOTIFY A LOT OWNER UNDER THE PLANNED COMMUNITY ACT OR A UNIT OWNER UNDER THE CONDOMINIUM ACT PRIOR TO FILING A CLAIM OF LIEN FOR ASSESSMENTS”)
Amends HOA/condo collection practices by requiring that prior to filing claim of lien, association must “make reasonable and diligent efforts to ensure that its records contain the lot owner's current mailing address.” No fewer than 15 days prior to filing lien, a detailed written statement of the total amount due must be mailed to homeowner at all addresses following a public records search. Lien must include a certificate of service attesting to service attempts, which are more stringent than current requirements. Boldface all-caps warning to homeowner added to front of lien. Effective October 1, 2009, and applies to all liens filed after that date.
House Bill 1387 (“AN ACT TO MAKE THE CURRENT LIMITATIONS ON DEED RESTRICTIONS THAT REGULATE THE INSTALLATION OF SOLAR COLLECTORS FOR SINGLE-FAMILY RESIDENCES APPLICABLE TO ALL RESIDENTIAL PROPERTY EXCEPT CERTAIN MULTI-STORY CONDOMINIUMS”)
Prohibits deed restrictions/Declarations from prohibiting solar collectors as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, or generating electricity on “residential property” (law already applied to detached single family residences). Deed restrictions regulating location or screening of solar panel is acceptable, so long as doesn’t prevent reasonable use of solar collector. Condominiums in multi-story buildings with units having horizontal boundaries are excluded from bill. Deed restriction can provide that association is not responsible for maintenance, repair, replacement. Effective December 1, 2009, and applies to Declarations recorded after that date.
Other bills remain in various committees and will not be addressed before next year at the earliest.
_______________________________________________________
FORMAN ROSSABI BLACK, PA
ATTORNEYS AT LAW
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