GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2005-214
SENATE BILL 666
AN ACT TO ALLOW ATTORNEYS' FEES TO BE AWARDED TO THE PREVAILING PARTY IN AN ACTION TO ENFORCE PROVISIONS OF THE ARTICLES OF INCORPORATION, DECLARATION, BYLAWS, OR RULES OF A PLANNED COMMUNITY CREATED PRIOR TO jANUARY 1, 1999, IF RECOVERY OF ATTORNEYS' FEES IS ALLOWED IN THE DECLARATION, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 47F-1-102(c) reads as rewritten:
"(c) Notwithstanding the
provisions of subsection (a) of this section, G.S. 47F-3-102(1) through
(6) and (11) through (17) (Powers of owners' association), G.S. 47F-3-107(a),
(b), and (c) (Upkeep of planned community; responsibility and assessments for
damages), G.S. 47F-3-115 (Assessments for common expenses), and
G.S. 47F-3-116 (Lien for assessments), apply to all planned communities
created in this State before January 1, 1999, unless the articles of
incorporation or the declaration expressly provides to the contrary. contrary,
and G.S. 47F-3-120 (Declaration limits on attorneys' fees) applies to all
planned communities created in this State before January 1, 1999. These
sections apply only with respect to events and circumstances occurring on or
after January 1, 1999, and do not invalidate existing provisions of the
declaration, bylaws, or plats and plans of those planned communities.
G.S. 47F-1-103 (Definitions) also applies to all planned communities
created in this State before January 1, 1999, to the extent necessary in
construing any of the preceding sections."
SECTION 2. This act is effective when it becomes law and applies to actions commenced on or after that date.
In the General Assembly read three times and ratified this the 11th day of July, 2005.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 2:01 p.m. this 20th day of July, 2005