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weekly updates from your association
2935 Breezewood Avenue, Suite 100 Fayetteville, NC 28303         910.826.0648        admin@fayhba.org     
Week of July 3
In This Issue In Every Issue
Legislative Update
   The 4th of July fireworks started early this week as members spent hours debating legislation regarding repeal of municipal protest petition authority, municipal elections in Greensboro, and a second Senate bill this session on regulatory reform.  When the dust settled, NCHBA had achieved a long-awaited victory, Greensboro's municipal election framework will change dramatically, and the final version(s) of legislative regulatory reform in 2015 will be settled between House and Senate conferees. However, what is important for you is that NCHBA had one its most successful weeks in a so-far very successful session.  The week marked positive legislative action on three of NCHBA's top legislative priorities-HB 201, HB 168, and HB 255 all took major steps toward enactment.
   On Wednesday, Representative Mark Brody moved HB 255 Building Code Regulatory Reform to the final legislative step before its presentation to Governor McCrory.  In what turned out to be an uneventful concurrence vote, Rep. Brody briefly noted the changes the Senate made in the House version and moved that the House concur which it did by a vote of 107-4. The bill now moves to the Governor his expected signature. (See NCHBA's Legislative Report, 06/26/2015, for details).
   On Tuesday the Senate Commerce committee met and discussed two bills that are two of NCHBA's top legislative priorities.  House Bill 168 Exempt Builder Inventory and HB 201 Citizen Input/Zoning Changes were schedule by Committee Chairs Sen. Rick Gunn (R-Alamance) and Sen. Wesley Meredith (R-Cumberland) at the request of NCHBA 's legislative team. Senator Andy Wells (R-Catawba) masterfully handled HB 201 in committee and on the Senate floor.  The legislation repeals municipal protest petition authority (and its requirement for a minimum 75% city council supermajority) while ensuring that citizens input will still be preserved. The bill's key provisions are as follows:
  • Section 1 allows any citizen the right to protest rezoning through a written statement that must be delivered to  members of the council two business days before any vote is taken on the rezoning. 
  • Sections 1, 2 and 3 repeals municipal protest petition authority which eliminates the 75% supermajority of the council requirement to rezone in favor of a simple majority which the same threshold that is used  to increase taxes or any other municipal decision. Also, protest petition authority is repealed for the state town of Butner.
  • Sec. 4 repeals any municipal protest petition authority granted by local act including such provisions granted in local charters.
  • Sec. 5 provides that city council members must affirmatively vote on rezoning matters.
  • Sec. 6 makes the act effective August 1, 2015, and applicable to zoning changes initiated on or after that date (valid protest petitions which are pending on that date are not affected by the repeal).
   The bill drew the attention of local neighborhood groups who spoke out in committee in opposition to the proposed legislation.  NCHBA's Mike Carpenter spoke and responded by noting that protest petition repeal is long overdue and that over the years the practice had lead to abuse and the loss of many great projects across North Carolina. The bill passed committee with little opposition and was sent to the Senate floor for a Wednesday vote. 
   After speaking with all 50 members of the Senate, your NCHBA team had a good feeling that the bill had strong support in the chamber.  Our attention then turned to the defeat of any amendments to weaken or even gut the legislation.  Such an amendment was offered and touted as a "compromise" alternative to repeal of protest petition authority.  It would have increased the percentage of adjacent property necessary to file a a valid petition and would have reduced the supermajority threshold necessary to approve a rezoning depending on the size of the city council. This amendment was rejected by a vote of 33-15.  After its defeat, the bill passed the Senate 39-9 on second reading with widespread bi-partisan support. Despite the margin of victory, a Senator objected to 3rd reading (which any member may do) which caused the bill to be placed on Thursday's calendar.  On Thursday, the bill passed 3rd reading 39-10 and was sent back to the House for concurrence.  
   NCHBA would like to thank Senator Wells as well as principal sponsors of the bill's Senate counterpart, Sen. Michael Lee (R-New Hanover), and Sen. Jane Smith (D-Robeson) for their leadership in steering this bill through the Senate despite an outpouring of negative email from neighborhood activists (primarily concentrated in Charlotte, Durham, and Greensboro).
   The other important bill the committee heard on Tuesday in Senate Commerce was HB 168 Exempt Builders' Inventory.  It would exempt from the property tax the increase in value of real property held for sale by a builder to the extent the increase is attributable to subdivision or other improvement to the property. Under this bill, the definition of "builder" is a taxpayer engaged in the business of buying real property, making improvements to it, and then reselling it. Thus, both developers and homebuilders would qualify for this tax exclusion. Currently, real property is assessed on January 1 of each year and the owner must pay taxes on the reassessed value. Passage of this bill would relieve the builder of the requirement to pay the increased assessment arising from the improvements on any land developed for single family home or duplex and on the single family home or duplex constructed.  The Senate added to this exception commercial property which is developed for sale but it would not extend to commercial buildings built thereon. Senate members viewed this addition as vital to spurring continued economic growth across the state. 
   The bill, as amended, faced strong opposition from both the Association of County Commissioners and the North Carolina League of Municipalities.  However, the merits of the bill proved to be superior as the legislation passed committee with no vocal opposition.  HB 168 now moves to the Finance committee for consideration before heading to the Senate floor.  The opposition to this bill has been and remains short sighted.  In the long run, local governments are much better off with taxing improved real property which will add to their tax base.  This bill creates an incentive for land to be developed and houses to be built creating jobs and improving each local economy.  Both chambers' majority leaders, Senator Harry Brown (R-Onslow) and Representative Mike Hager(R-Rutherford) are the principal sponsors of this legislation along with Reps. Chris Millis (R-Pender), Mark Brody(R-Union), and Jeff Collins(R-Nash), and Sens. Tommy Tucker (R-Union) and Rick Gunn (R-Alamance) on the Senate companion to HB 168.  Both Rep. Hager and Sen. Brown have been eloquent in support of these measures and deserve great credit for moving this important legislation forward.
  After all this work, legislators have earned a well deserved "summer break" which will occur next week. They will reconvene in Raleigh on July 14th, and make one last push to wrap up the budget, reform Medicaid, and pass other various pieces of legislation.  While we are well on our way, we have several other important items on our legislative agenda which we hope to get passed before the session concludes. 

SB25/HB 36 (Zoning/Design & Aesthetic Controls). Enacted as Session Law 2015-86 and effective 06/19/15.
HB 168/SB 321 (Exempt Builders' Inventory).  Passed House and the Senate Commerce Committee, referred on to the Senate Finance Committee.
HB 201 (Zoning Changes/Citizen Input). Passed by both House and Senate, moves back to House for concurrence vote when General Assembly reconvenes during the week of July 13.
HB 255/SB 324 (Building Code Regulatory Reform). Passed by both House and Senate, ratified, and will be presented to the Governor on 07/06/15.
HB 483 (Land Use Regulatory Changes). Pending in the Senate Rules Committee.
HB 721 (Subdivision Ordinance/Land Dev. Changes). Passed the House and pending in the Senate Judiciary II Committee where it will likely be heard on July 16. 
The New Confined Spaces in Construction:
The Big Picture

This important webinar, free to NAHB members, provides the information you need to understand the new 20 CFR 1926 Subpart AA - Confined Spaces in Construction, as well as general information about performing construction work in confined spaces. This webinar will also address he relationship between the new construction standard and the general industry rule that has been in place since 1993, and will finish by focusing on particular areas of concern for residential home builders and remodelers.
Learning Outcomes
  • Understand the development process for the Confined Spaces in Construction standard
  • Gain general understanding of confined space hazards, permit space programs and the permitting process
  • Learn how confined space hazards affect residential construction workers, and how those hazards need to be addressed
Free Webinar
July 7
2:00 pm-3:00 pm
Register Here
DO YOU KNOW THESE
CHANGES ARE COMING TO THE HUD?
 
THE CHANGES GOING INTO EFFECT
OCTOBER 1, 2015 (date extended) WILL INCLUDE:
  • The new Closing Disclosure form  
    • Replaces the HUD-1*
    • Replaces the final Truth in Lending Act (TILA) disclosure
  • Settlement Agents and Lenders will need to work closer together to prepare CDs
  • The new Loan Estimate form replaces the Good Faith Estimate
  • CDs must be delivered at least three days before closing
  • New tolerance levels for certain fees quoted

National Association of Realtors
RESPA-TILA Integration
FREE Webinar Playback

presented by

Register Today!

Player fees include:
Golf cart, driving range, breakfast, lunch, drinks, beer, snacks, raffle, hole in one prizes, prizes for top 3 teams!
August 6, 2015
Gates Four Golf & Country Club
  • 9:00 am Check-In & Driving Range
  • 9:30 am Breakfast
  • 10:00 am Shotgun Start
  • Immediately Following Tournament Lunch, Awards & Prizes
Sponsorship and Player 
Information

Up Coming

July 4


July 7

NAHB Webinar
The New Confined Spaces in Construction:The Big Picture
2:00 pm
Register Here

July 8
Golf Committee
10:00 am
HBAF Office

July 14
Membership Committee
11:30 am
HBAF Office

July 16
Board of Directors
9:00 am
HBAF Office

July 21
Casino Night Committee
9:00 am
HBAF Office

August 6
HBAF Golf Tournament
presented by
Piedmont Natural Gas
9:00 am
Gates Four Golf & Country Club
Register here

NCHBA Stars Awards Call for Entries
Entries are now being accepted for the prestigious STARS Awards program, which recognizes the outstanding professional performance of HBA members throughout the region! Don't miss out as we salute builders, associates, realtors, media and advertising professionals, and many others who shine above the rest.
  
The STARS Awards Gala will be held September 16 in Charlotte as part of the annual 21st Century Building Expo & Conference. This awards program is hosted by the North Carolina Home Builders Association. All NAHB members are eligible to enter.
  
The final entry deadline is July 8, 2015 ($150/entry). 
 
Membership Recruitment Raffle


Start Recruiting Today!

Raffle Prizes

$600  *  $300  *  $100
 
 


Construction Statistics

Local Stats: May 2015

Local Stats Residential Trend: May 2015

Absorption Report: May 2015

Commercial Building Permit Index: March 2015

The Market Edge Residential Building Permit Trend: March 2015


NAHB NEWS

Single-Family Starts Weak, Especially in the West 

Builder Confidence Drops Four Points Amid Concerns Over Housing Affordability 

U.S. Household Balance Sheet Continues to Recover in Q3 2018 

Custom Home Building Annual Share 

THANK YOU FOR YOUR CONTRIBUTIONS TO BUILDPAC

Wells Alderman
Bill Berry
WA Bissette
Brian Canady
Lanny Clark
Allen Davidson
Kelvin Draughon
John Elliot
Natalie Fryer
Lisa Geddie
Lynne Greene
Mitch Guy 
Ned Johnson
Kristopher Kenny
Tammy Laurence
Spencer Locklear
Pat McKee
Ed Melvin
Greg Parks
Jason Poole
Ken Praschan
PJ Satterly
Kevin Shortridge
John Sorrell
Harold Smelcer
David Sykes
Kenneth Tew
Monika Tollinyer 
Barry Tutor
Brian Walker
Larry Walsh
Sharlene Williams
Neil Yarborough
HBA of Fayetteville
910-826-0648
910-826-0649 fax
www.fayhba.org
admin@fayhba.org

Natalie Fryer, Executive Officer
Pamela Grierson, Communications Manager

NAHB Member Discounts
www.nahb.org/ma
Dues Payments & Lobbying Expense 2015 Disclosure
Dues payments to the Home Builders Association of Fayetteville are not deductible as charitable contributions for federal income tax purposes. However, dues payments may be deductible as an ordinary and necessary business expense, subject to exclusion for lobbying activity. Because a portion of your dues is used for lobbying by NAHB, NCHBA and HBAF, 10% of the total dues, or $ 48.22 is not deductible for income tax purposes for builder and associate members. For affiliate members, 2% of the total dues, or $2.35 is not deductible for income tax purposes. Membership Dues are non-refundable.
Copyright © 2015 HBA of Fayetteville, All rights reserved.


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