Paul Mengert, CEO of Association Management Group, Inc., Regarding NC Senate Bill 312.

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We recently sought the opinion of Paul Mengert, CEO of Association Management Group, Inc., and an expert in the field of Homeowners Associations (HOAs), regarding NC Senate Bill 312.

Mr. Mengert expressed his opposition to the proposed bill, which was introduced on March 14, 2023, by Sen. Kandie Smith (D-Edgecombe, Pitt) and seeks to amend the assessment collection provisions of the NC Planned Community Act (NGSS 47F) and the NC Condominium Act (NCGS 47C). If enacted, the bill would require notice of a claim of lien to be served by certified mail, instead of first-class mail, and would eliminate associations' ability to foreclose for nonpayment of assessments. Although actual foreclosure sales are quite rare, the possibility enables associations to collect fees, similar to mortgage companies and taxing authorities, if not paid over a substantial period. When actual foreclosure sales occur in NC, the debt is typically 9 to 12 months or more old.

As an experienced HOA professional, Paul Mengert believes that these proposed changes would negatively impact associations' ability to collect delinquent assessments and maintain the financial stability of the community. He notes that the elimination of the ability to foreclose for nonpayment of assessments would make it more challenging for associations to encourage homeowners to pay assessments in a timely manner and likely make it more difficult for homeowners to obtain mortgages. Unfortunately, perhaps the most impactful aspect is that the inability to collect fees from the typically few members who do not pay as agreed would immediately increase costs for all other association members. 

Mengert added, "A lien for nonpayment of assessments is similar to other real estate liens, such as material or mechanic's liens, taxes, or mortgages. Plumbers or contractors who are not paid can foreclose to collect a delinquent payment if they follow the proper procedure. Therefore, associations that are required to provide certain services should not be treated differently."

It is important to note that the proposed changes have NOT been passed and are not yet law. Changes and revisions may be made, or legislators may choose not to act on the proposal. 

The bill and its status can be found at:

https://www.ncleg.gov/BillLookUp/2023/S312.

"Did We Get Rid Of The Pride Flag?": This Arizona Realtor's HOA Just Got Served A Big, Tall Glass Of Petty Revenge

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When a couple in Arizona hung a Pride flag in their yard, they were faced with neighbor complaints. This led to the HOA sending them a notice for unapproved change to their property. However, many others had hung American flags with no complaints. Read the article for more information.

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Florida HOA president gets 2 years in prison for planting hidden cameras in condo

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In Flager County, Florida, a former H.O.A president was arrested for planting hidden cameras in multiple condos. In September of 2022, he was charged for one case and posted bail, however, more victims came forward, resulting in 2 years in prison. What would you do?

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Developer hoping to replace SouthPark condominiums with apartments, retail

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When SouthPark residents attended a City Council zoning meeting, they showed their support in tearing down their current 1970 condos to replace them with more affordable and better-quality apartments. If you were a resident at SouthPark, would you support this?

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Paul Mengert, President of Association Management Group Interviewed With Melissa Painter at Fox 8 News.

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Paul Mengert, President of Association Management Group Interviewed with Melissa Painter at Fox 8 News to promote Run on the Runway. The event will be held on March 25, 2023, on the airport’s 9,000-foot parallel runway. This certified run will benefit The Second Harvest Food Bank of Northwest NC, Greensboro Urban Ministry, and Open Door Ministries of High Point. 

Here are a few talking points from the interview and facts about the event.

This is the 14th annual Run on the Runway

  • The first run was held when the runway opened in 2010

  • As of this year have raised $1 million to fight hunger

  • Have raised over $130,000 this year over 50 sponsors.

  • Run committee raises the funds, then distributes them equally to Second Harvest, Greensboro Urban Ministries, and Open Door Ministries of High Point

  • We have about 1,500 people registered to run or walk to fight hunger and there is still time to participate.  You can walk up and register on Saturday.  Arrive early because participants are bused out to the runway and traffic gets backed up the closer it gets to race time.

  • Lenny Peters Foundation and Bethany Medical are presenting sponsors.  Thanks to Lenny Peters Foundation and Bethany Medical for their support

  • Events are 10K/5K/Mile Run or Walk/5K untimed sponsored walk to raise additional money to fight hunger.

  • We may have a state record broken at the Run this year.  Dot Sowerby is participating and turned 90 on March 16. If she runs as well as she did this past weekend she will break the NC USATF state record for 90-94-year-old women.

  • Race day registration/Check-in: 8:15 AM – 9:30 AM

10K Race Start: 9:00 AM

5K Run/Walk Start: 9:20 AM

5K Walk-Only Untimed Start: 9:25 AM

Kids Dash:  10:00 AM

1 Mile Start: 10:15 AM

Awards Ceremony:10:20 AM

To learn more about this event visit https://runsignup.com/Race/NC/Greensboro/PTIRun

Horry County leads state in number of HOA complaints filed, report shows

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Imagine living in the county with the most HOA complaints in North Carolina, with 25% of all complaints statewide coming from your own area. That’s how residents of Horry County feel. Is your county in the top 3 most complaints filed? Find out by reading this article.

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Homeowners call for HOA reforms in Carolinas; Colorado has a model to acheive it

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After North Carolina’s Planned Community Act was signed into law in 1998, HOA’s have barely seen a difference. Can we look to Colorado HOA’s as a model to organize and advocate to protect homeowners? Find out by reading this article.

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Proposal: Cap corporate landlords at 100 homes

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Democratic lawmakers in some of North Carolina’s fastest growing cities want to ban corporate landlords from owning too many rental homes in areas like Charlotte and Raleigh. Rep. Kelly Alexander, D-Mecklenburg, introduced the Home Ownership Market Manipulation Act last week to cap — at 100 — the number of single-family homes that people or businesses can buy in the state’s most populous counties. The measure, co-sponsored by Democrats in Mecklenburg, Guilford and Cumberland counties, is unlikely to pass the Republican-controlled legislature. But it’s the first such proposal aimed at combating the growth of Wall Street-backed firms that have converted tens of thousands of homes to rentals across the country over the past decade.

Read more at: https://www.newsobserver.com/news/politics-government/state-politics/article272559767.html#storylink=cpy



CAI is being awarded a prestigious award from the Public Affairs Council (PAC) - the Lobbying Strategy Innovation Award for our Condominium Safety Policy Response and Initiative

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I am honored to share that CAI is being awarded a prestigious award from the Public Affairs Council (PAC) - the Lobbying Strategy Innovation Award for our Condominium Safety Policy Response and Initiative – in response to the tragic Champlain Towers South condominium collapse. This is a prestigious award program recognizes three top organizations each year for their work in grassroots, communications, or lobbying strategy innovation. The 2022 Innovation Award Category winners include:

Lobbying Innovation: Community Associations Institute

Communications Innovation: AAA (The Auto Club)

Grassroots Innovation: Feeding America

The Condominium Safety Public Policy Initiative was developed under the leadership of Peter Kristian, AMS, PCAM, LSM (Chair) and the Government & Public Affairs Committee over a five-month period with the engagement and leadership of more than 600 volunteers who dedicated hundreds and hundreds of hours to develop a solid and sound public policy that has now been adopted by several states and continues to be considered and adopted by legislatures.

This award is dedicated to the memory of the 98 residents of Champlain Towers South who lost their lives, those who lost loved ones, and those who lost their homes in the tragic collapse in Surfside, Fla., on June 24, 2021.

Phoebe Neseth, Esq. CAI’s Director of Government & Public Affairs will be at the PAC Conference this week to accept the award on CAI’s behalf.

5 New Years Resolutions for HOA Managers

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As the New Year begins, HOA managers and boards should start thinking about what 2023 has in store. Here are some important resolutions that are essential for a well running homeowners association.

1. Recruit Board Members

Each HOA manager needs to focus on recruiting and finding people who are interested in community affairs. One way to approach them is with an invitation to join an HOA board. Another good idea is to put a notice in the newsletter that they are accepting new members. Also, ask current board members to accept new people.

2. Planning Committee

Events are an integral part of an active community. Put together a committee that will create events that all residents will participate in. Set up an advanced schedule for the year. Propose a budget for yearly events and plan promoting the events.

3. Community Safety

Plan and implement safety measures in the community. Once a year, preferably at the beginning of the year. Conduct a safety check on all community lights, door locks, pool lights, fencing and community signage. Make sure all safety measures have been taken to keep residents safe.

4. Community Maintenance

Make sure all pool equipment, playground equipment, tennis court and all recreational amenities are functioning properly. Make necessary repairs to the common buildings, grounds and areas. Make a new year plan and budget for lawn maintenance, seasonal planting and curb appeal for the community.

5. Review and Update Governing Documents

As part of the HOA New Year’s resolutions, a board should consider reviewing and amending old documents. Doing so will allow these documents to reflect the times and environment today, as outdated documents can put associations in a bind. As new technologies continue to emerge, HOA boards will likely need to do this every year to avoid getting left behind the times. Refresh yourself on the procedures for holding annual meetings and Board elections, the types of architectural changes that are allowed, and the procedure for getting changes approved by the Board or the architectural control committee. Also, it can be a good idea to consider whether the rules governing the use of common areas need updating.

Even the simplest New Year resolutions can keep you on track and make being an association Board member a more enjoyable experience. Why not try one or more of these resolutions to make 2023 a positive and successful year for you and your Board?

Is Your Association Required to Confront the Bully?

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These days, it seems like there’s no such thing as a minor disagreement. Normally, owner-to-owner disagreements between neighbors in a homeowners’ association or condominium association fall outside of the association’s authority or jurisdiction, but not necessarily when the disagreement reveals a more-sinister motive: discrimination.

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For additional information on community associations' responsibility to address discrimination issues, Click Here.

SAFETY REMINDERS FOR RESIDENTS TO KEEP IN MIND THIS HOLIDAY SEASON

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While everyone wants to enjoy the holiday season in their community, it is important to make sure everyone stays safe during this enjoyable time. Here are 4 safety reminders that will help everyone in the community stay safe.

1. Outdoor Yard Ornaments

During holidays and even birthdays, gaining in popularity are gigantic yard signs, blowup novelties, special effects, and more. With all of these comes risks. If you are going to use ornamental yard decor, ensure that it is within your property boundaries and does not go on to sidewalks, driveways, or common areas.

Glass ornaments can be attractive to young children and can break easily. Stepping or crawling on the glass is a problem, but some ornaments also contain lead, mercury, or methylene chloride, which can poison children if they touch, taste, or swallow them.

2. Disrupting Noises

Ensure your yard decor or outdoor festivities and parties are not loud and disturbing the solace of your neighbors. Don't use outdoor decor that makes noise or has flashing lights that can disturb your neighbors.

Make sure you are informed about your association’s noise rules. It’s not uncommon for homeowners to file general grievances about the level of noise they hear coming from a neighbor’s home. This might be loud music or noisy parties that go late into the night.

3. Electrical Items Outdoors.

While holiday lighting does contribute to the splendor of the season, it is crucial that outdoor light safety be of the utmost concern for the protection of you and your community.

Make sure you plug in all outdoor electrical decorations into a ground-fault circuit interrupter (GFCI). This safety outlet is designed to cut the power if electricity comes into contact with water, which is common outside. Also make sure your outdoor lights are labeled “waterproof” if you live in a wet area.

Don't run your extension cords through window or door cracks. The cord could become pinched, which can ruin the insulation around the wires and lead to a dangerous shock.

4. Parking Problems

Another problem during the holiday season are parties that result in parking problems. This problem can be exasperated because many visitors are spending the holidays with families, resulting in more parking congestion. This congestion can also endanger children in the community.

Parking problems like these can result in community disputes and complaints. This usually results in enforcing HOA parking rules, which are a set of policies that regulates where residents and guests leave their vehicles. These rules are part of the HOAs governing documents such as the CC&Rs.

These are some safety concerns to keep in mind this holiday season. Check your HOA rules to be incompliance with lighting, parking and animated decorations.

Recently begun enforcement of 15-year-old law creates headaches for some homeowners

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Unbeknownst to ordinary homeowners, everyone connected to the water supply, if they have an irrigation system, has to have one installed or get it tested annually if they do,” she said on condition of anonymity as her board hadn’t OK’ed spilling the tea.

https://journalnow.com/news/local/recently-begun-enforcement-of-15-year-old-law-creates-headaches-for-some-homeowners/article_5308298c-554b-11ed-9548-739250a4913e.html

A Miami building is evacuated near the site of the deadly Surfside condo collapse

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Residents of a Miami Beach building on the same street where a condominium collapse killed nearly 100 people were forced to evacuate on Thursday evening after officials determined the structure was unsafe and gave orders to leave.

https://www.npr.org/2022/10/28/1132172867/miami-building-evacuated-surfside-condo-collapse