• •
HOA Findings
Presented
By Phyllis Makuck
The North Carolina House Select Committee on
Homeowner Associations, having devoted the first
four months of the year to gathering information,
presented its findings in May. North Carolina has over
17,000 homeowner associations (HOAs), collectively
representing over 2 V4 million households, and that
number is expected to grow as the state's population
increases.
The most common complaint the committee heard is
lack of an easy and affordable way to settle property-
owner disputes with HOA boards. Suggestions include
designating a State agency to enforce the statute, known
as the Plarmed Commuruty Act, which governs HOAs
and has some provisions for hearings, or authorizing
mandatory mediation and having alternative methods
of resolving disputes.
The committee found "a need for greater disclosure by
sellers of homes in planned communities concerning the
restrictive covenants...." The Real Estate Commission
is aware of this issue and plans to consider "revisions
to the disclosure statement."
The House Select Committee also found a need
to clarify the Planned Community Act with regard
to "obligations of the declarant" (developer). The
"obligations" at issue include transferring property
control to homeowners, paying assessments on
developer-owned property, and failure to complete
actions stipulated in declarations such as storm-water
systems.
The committee heard complaints "that the law gives
homeowners few rights to challenge the actions of the
association's Board" and concluded "there is a need
for additional consumer protections to better protect
homeowners from abusive homeowner association
practices."
The committee learned "that although the Plarmed
Community Act authorizes the use of foreclosure
proceedings to satisfy homeowner association liens, the
foreclosure statute was never intended for this purpose
and there are a number of incongruities between the
statutes." Suggestions include amending the Planned
Community Act "to prohibit or limit use of foreclosure
in all or some cases."
And, finally, the committee has proposed a clarification
in the Solar Access Law "to limit or remove the visibility
exception," which some homeowner associations have
used to prohibit all their homeowners from installing
solar-energy systems. The intent of the Solar Access
Law was to encourage use of solar devices.
It is uncertain whether there will be any legislative
action on the above findings in the current session, which
is scheduled to end July 1. For more information, go to
http://www.ncga.state.nc.us and click on "Committees"
and then "Select Committees."
m June 2010 The ShoreUne . 9
County Commissioners' Meetings
By Dennis Tomaso and Charlie McBri(irty . '
The regular monthly meeting. of the Carteret
County Board of Commissioners convened in the
Commissioners' Board Room in Beaufort at 6 p.m. on
May 3. The meeting was attended by Commissioners
Faircloth, Joyce, Robinson, Harris and Nelms. A one-
page meeting agenda was handled with dispatch,
evoking little disagreement among the commissioners.
The public-meeting portion concluded at just after
6:30 p.m.
Highlights of the meeting included the following:
The consent agenda consisting of six items was
unanimously approved with no discussion. Among
the items in this agenda was the approval of $108,000
for Department of Social Services and $124,000 for
CCATS. Proclamations were announced declaring
May as Mental Health Month and May 8-16 as Tourism
Week.
The public-comment section included a request for
the commissioners to consider looking into getting the
decommissioned U.S. S. Kitty Hawk for the Port of
Morehead City. Wilmington is currently also looking
into the acquisition of the ship. The ship won't be
placed out of service xmtil 2015, but planning needs
to start now.
No major items were discussed under the Manager's
Report. Wayne Deal said that while still in the learning
process, he was thankful for all the help provided to
him by the staff.
Vacancies were identified in five committees,
councils, boards and agencies. Five individuals were
appointed to fill these vacancies.
The public portion of the meeting was adjourned
at 6:30 p.m., and the board, in keeping with state
regulations, held a closed session to consider
confidential information.
The second May meeting of the County Board of
Commissioners got underway at 6 p.m., on May 17,
at the Commissioners' Board Room in Beaufort. The
major portion of the one hour and twenty-two minute
meeting was devoted to two agenda items.
The first was a slide presentation on the proposed
county budget for fiscal-year 2010-2011 by Dee
Meshaw, Assistant County Manager for Finance and
Administration. The proposed general fund budget
Support ODraWseiswlen foil can
and tell t
totaled $74,920,000, which represents a $1,130,000
decrease as compared to the current budget. An
anticipated 5.8% drop in sales and use taxes, 6.9%
reduction in receipt of intergovernmental funds and
a 9.9% decrease of "other" revenue were identified
as the primary cause of this budget decrease. Tlie
proposed budget was accepted and will be reviewed
in greater detail by the commissioners prior to the
public hearing on the budget in June.
The second agenda item that stimulated a series
of questions and comments from several of the
commissioners dealt with the new Emergency
Communications Center, aka Emergency 911 Center.
Questions arose regarding the number of staff
required, when they were to be hired, what their
training requirements were and why the anticipated
salaries reflected overall increases. The high cost
of the proposed furniture for the center was also
questioned. Although not all of the questions were
directly addressed, the proposal was unanimously
approved and is subject to further review by the
commissioners. :
Appointments were approved to the following:
Criminal Justice Partnership Program Board, Stephanie
Coombe (Atlantic Beach); Parks & Recreation Advisory
Board, Larry Pittman (Morehead City); and Economic
Development Council, Doug Brady (Beaufort); and
Tom Kies (Pine Knoll Shores).
The public portion of the meeting was concluded
when the commissioners went into closed session to
discuss confidential information in conformity with
state law.
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