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Updated 02/02/2010 10:03 PM

State lawmakers study homeowners associations

By: Heather Moore

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RALEIGH – Thousands of North Carolinians live in neighborhoods with homeowners associations. Now, North Carolina lawmakers are studying the nonprofit organizations and what rules they have to follow.

The House Select Committee on Homeowners Associations held a public hearing Tuesday afternoon to hear from homeowners, homeowner association board members, attorneys and management companies.

More than 70 people from all across the state braved the bad weather to attend Tuesday's hearing and tell of lawmakers their experiences with homeowners associations.

“We need to really look at the law and see if there are areas that need strengthening, but also appreciate the positions that many who are on homeowners association boards are in,” said committee co-chair Rep. Jennifer Weiss.

“We'd like the playing field to be leveled to give property owners a fair shake,” said Sunset Beach homeowner Lou DeVita. “We'd like board meetings to be open.”

“As a homeowners association, we all feel we have some control over the quality of life we've chosen and we value,” said Pat Easterbrook, a Cary homeowner and member of her homeowners association.

One of the biggest complaints from people at the hearing was that there is no governing agency to regulate HOAs, to enforce regulations, or mediate disputes between HOAs, homeowners and developers.

“While the board is needed to ensure homeowners abide by the rules, there is no one to ensure the board abides by the rules and operates in the best interest of the community,” Cary homeowner Ken Dockser told the committee. “What is needed is a system of checks and balances whereby the board is compelled to follow the bylaws and covenants and there are opportunities for homeowners to have recourse.”

“Without help, our home values will continue to decline because of the amount of time it takes to collect delinquent assessments and legal expenses we incur,” said Elliott Cornet, a Charlotte homeowner and president of his homeowners association.

State lawmakers say it's a delicate balance to give homeowners associations the power to serve their communities, without having too much power over homeowners.

The House Select Committee on Homeowners Associations hopes to have an interim report on their research completed before the General Assembly goes into session in May.