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REBIC BBQ & Candidate Meet & Greet Recap

REBIC held their annual BBQ & Candidate Meet & Greet on August 28. More than 22 candidates and 130 people were in attendance. NAIOP Charlotte sponsored this event.

REBIC Primary Election Voter Guide is Now Available

Real Estate Industry Legislative Priorities Continue to Advance in Raleigh

Posted on August 13, 2019

Despite the ongoing stalemate over the state budget, legislation supported by the real estate and home building industry continues to make progress in Raleigh. Over the past few weeks, Governor Cooper has signed into law a variety of bills supported by the North Carolina Home Builders Association (NCHBA), the North Carolina Realtors®, NAIOP North Carolina, and other trade groups. Here’s a summary of some of the key laws that will benefit the residential and commercial real estate industries in the years ahead:

  • HB 675 — 2019 Building Code Regulatory Reform, sponsored by Representatives Mark Brody (R-Union), Dennis Riddell (R-Alamance), Jon Hardister (R-Guilford), and Billy Richardson (D-Cumberland). This is the fifth successful bill over the past several sessions of major reforms to the state building code and inspections process Key provisions in this year’s act include:
    • Prohibits local governments from requiring developers/builders to bury existing power lines or bury relocated power lines that are located outside the subdivision.
    • Prohibits local governments from setting minimum square footage requirements for residential structures.
    • Requires the North Carolina Building Code Council to conduct a cost/benefit analysis for all proposed changes to the North Carolina Energy Conservation Code since January 1, 2018.
    • Requires the North Carolina Building Code Council to create an inspection form to be used by engineers and architects and clarifies that they can inspect foundations and underslabs.
    • Adds a new level of inspector, residential changeout inspector, to assist with minor inspections.
    • Requires that a local government chooses to have plan review that the initial review for residential building plans must be performed within fifteen (15) business days after submission.
    • Requires that a local government can issue a temporary certificate of occupancy if the requirements of the NC Building Code are met.
  • HB 492 — Simplify Builder Inventory Exclusion, sponsored by Representatives Mark Brody (R-Union), Julia Howard (R-Davie), and Brian Turner (D-Buncombe), will eliminate the need for a builder to file annually in order to take advantage of an important property tax exclusion.The new law permits a builder to file a one-time application to claim an exemption from higher property taxes on land and houses held for sale by a builder to the extent that the tax increase is attributable to subdivision of the property or improvements made such as the installation of infrastructure or the construction of a single-family or duplex house on the property.
  • HB 620 — Street Database/Manual/Public Record Exemption, requires the North Carolina Department of Transportation to create a “Public Street Information Database”, by 01/10/20 and update it regularly, for the purpose of conveying the status of roads within the State. This publicly-available database will indicate whether the road is (1) federally owned, (2) State-owned with State road number assigned, or (3) State-maintained with a State road number assigned.
  • SB 355 — Land-Use Regulatory Changes, sponsored by Senators Dan Bishop (R-Mecklenburg), Paul Newton (R-Cabarrus) and Sam Searcy (D-Wake), helps level the playing field between landowners and local governments by integrating permit choice and vesting laws to ensure that the rules are not changed in the middle of a development project. In addition, the law:
    • Protects landowners against 3rd party rezoning efforts
    • Allows certain claims to bypass the Board of Adjustment and proceed to Superior Court.
    • Places limits on conditional zoning abuse, while preserving flexibility for developers.
  • SB 523 — Revenue Laws Clarifying & Administrative Changes, requires Property Management companies to charge and remit RMI sales tax only in the following circumstances:
    1. They provide repair, maintenance, installation services for an additional charge above what is stated in the management contract.
    2. They arrange for a third party to provide the repair, maintenance, and installation services and impose an additional charge for arranging these services.
    3. More than twenty-five percent (25%) of the time spent managing an individual real property during a billing or invoice period is attributable to taxable repair, maintenance, and installation services. The property manager can voluntarily provide a written affidavit to attest that no more than 25% of their services on a given property constitute taxable RMI services, which would clear them of liability for taxation on any portion of the contract amount.

Source: NCHBA & NC Realtors®

City Hosting Meeting Next Wednesday on Sign, Tree Ordinance Revisions

Posted on August 9, 2019

2019 REBIC BBQ & Candidate Meet & Greet is on August 28

Posted on August 2, 2019

REBIC’s annual BBQ & Candidate Meet & Greet is fast approaching on August 28, 2019! Make sure to get your tickets early! This annual bi-partisan Political Pig Pickin’ brings state and local candidates together with hundreds of members of the Charlotte real estate, homebuilders and development industries for an afternoon of food and fun!

WHEN: August 28, 11:30-1:30 p.m.

WHERE:  SMS Catering, 1764 Norland Rd., Charlotte, NC 28205 | View Map

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Charlotte Modifies Proposed Sign Ordinance to Allow Real Estate Directional Signs

Posted on July 31, 2019

Revised amendments to the Charlotte Sign Ordinance now permit the use of weekend directional signs for new home construction and real estate open houses, after REBIC raised objections to their elimination.

The proposed regulations for Temporary Off-Premises Signs now read as follows:

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Governor Cooper Signs Law Clarifying Taxation of Property Management Contracts

Posted on July 30, 2019

Governor Roy Cooper last week signed into law a bill supported by REBIC, the North Carolina Association of Realtors® (NCR), NAIOP Charlotte, BOMA Greater Charlotte, and other industry trade groups, clarifying that residential and commercial Property Management agreements are largely not subject to the state’s Repair, Maintenance & Installation (RMI) sales tax.

SB 523 — Revenue Laws Clarifying & Administrative Changes, passed the General Assembly earlier this month with an amendment that requires Property Management companies to charge and remit RMI sales tax only in the following circumstances:

  1. They provide repair, maintenance, installation services for an additional charge above what is stated in the management contract.
  2. They arrange for a third party to provide the repair, maintenance, and installation services and impose an additional charge for arranging these services.
  3. More than twenty-five percent (25%) of the time spent managing an individual real property during a billing or invoice period is attributable to taxable repair, maintenance, and installation services. The property manager can voluntarily provide a written affidavit to attest that no more than 25% of their services on a given property constitute taxable RMI services, which would clear them of liability for taxation on any portion of the contract amount.

The legislation also provides specific exclusions to RMI services, which help ensure much of the work done by property management companies is not subject to taxation. They are:

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Charlotte Sign Ordinance Amendments Appear to Ban Real Estate Directional Signs

Posted July 24, 2019

Proposed amendments to the Charlotte Sign Ordinance appear to ban weekend directional signs for new home construction and real estate open houses — a change with potentially devastating impacts for home builders and Realtors®, and one which REBIC will strongly oppose.

Weekend directional signs are one of the most effective tools buyers use to find homes for sale. Particularly in Charlotte, where most new home communities are in hard-to-find, infill locations (and often not yet identified on GPS), a ban on temporary directional signs would severely impact home sales, which are already falling due a lack of inventory.

The proposed Sign Ordinance amendments were presented at a community informational meeting last week, but no mention was made of the ban on temporary signs. The ban, however, is included on page 40 of the draft text, under ‘Prohibited Signs’:

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General Assembly Passes Legislation to Clarify Taxation of Property Management Contracts

Posted on July 23, 2019

The North Carolina General Assembly last week passed legislation supported by REBIC, the North Carolina Association of Realtors® (NCR), NAIOP Charlotte, and other industry trade groups that would clarify that residential and commercial Property Management agreements are largely not subject to the state’s Repair, Maintenance & Installation (RMI) sales tax.

SB 523 — Revenue Laws Clarifying & Administrative Changes, passed the Senate on Thursday with an amendment that requires Property Management companies to charge and remit RMI sales tax only in the following circumstances:

  1. They provide repair, maintenance, installation services for an additional charge above what is stated in the management contract.
  2. They arrange for a third party to provide the repair, maintenance, and installation services and impose an additional charge for arranging these services.
  3. More than twenty-five percent (25%) of the time spent managing an individual real property during a billing or invoice period is attributable to taxable repair, maintenance, and installation services. The property manager can voluntarily provide a written affidavit to attest that no more than 25% of their services on a given property constitute taxable RMI services, which would clear them of liability for taxation on any portion of the contract amount.

The legislation also provides specific exclusions to RMI services, which help ensure much of the work done by property management companies is not subject to taxation. They are:

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Business NC Accepting Nominations for Annual Building NC Awards

Posted on July 22, 2019

Business North Carolina and Manning Fulton are seeking nominations for the annual Building North Carolina awards, which will be featured in the November issue. Submit your suggestions on the most important commercial real-estate projects completed in the state between July 1, 2018 and June 30, 2019 and the developer who has had the biggest impact on the industry.

Building North Carolina winners will be selected based on design, innovation and community impact in such categories as best public project, commercial project, renovation and overall design.

Nominations close July 31 2019.

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City of Charlotte Progresses in Enhancing Development Services

Posted on July 17, 2019

On July 8, Charlotte City Council voted to approve construction of the first floor of the Charlotte-Mecklenburg Government Center for a collaborative, multidepartmental development permitting facility.

Known as the CLT Development Center, the space will provide developers and design teams access to city review staff in a single location for city development permitting services. This initiative brings together staff from all departments involved in permitting to create a more collaborative culture with new services to better meet customer needs.

“The CLT Development Center is the product of our efforts to have collaborative partnerships with the development community,” said City Manager Marcus D. Jones. “We are excited to bring new, innovative ways to work together to create great projects for Charlotte.”

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Blue Line Corridor Rezoning Informational Drop-In Meeting

You are invited to drop in (see hours below) to learn about the City of Charlotte’s plan to rezone land along the Blue Line light rail corridor, in order to align with the adopted recommended future land use and community vision. A presentation will be given at 15 minutes after the hour. City staff will be on hand to help with any questions.

Cabarrus County Commission Considers Fee Proposals at Next Meeting by REBIC

Posted on July 16, 2019

At the Cabarrus County work session on July 1, Planning & Development Director Kelly Sifford discussed the Proposed Fee Increases on planning, zoning and building inspection fees.

During the presentation, Kelly did provide an overview of the several meetings held with REBIC, the Cabarrus Chapter of the Greater Charlotte HBA and the building community. REBIC proposed at those meetings that the Planning Department and building community continue these conversations quarterly, which they have agreed to. The first of these quarterly meetings will be announced shortly.

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Huntersville Assumed Land Development Review & Permitting July 1

Posted on July 15, 2019

Beginning July 1, the Town of Huntersville is assuming review of all land development review and permitting, bringing in-house a variety of services previously provided by Mecklenburg County.

But because the Town failed to request delegated authority for Erosion & Sedimentation Control from the North Carolina Department of Environmental Quality (DEQ), all E&S review and inspections for projects in Huntersville will continue to be provided by Mecklenburg County LUESA until at least mid-August.

All development plans previously submitted to LUESA will continue to be reviewed by the County, which will also conduct inspections on those projects. Any new development projects submitting from today forward will go through the Town’s Engineering & Public Works Department. Huntersville last month adopted a new fee schedule that is similar to the 2018 LUESA fees for land development plan review, bond maintenance and other related services.

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Charlotte Holding Additional Meetings this Week on Housing Code Changes

Posted on July 9, 2019

The City of Charlotte is hosting a second pair of community meetings this week to discuss proposed changes to its Minimum Housing Code, which are scheduled to be considered by a City Council committee on July 17th.

REBIC and other industry groups have expressed concern that the proposed changes Ordinance could negatively impact housing affordability by raising the cost of property management and code compliance for landlords.

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City Considering Tightening Minimum Housing Code

Posted June 28, 2019

The City of Charlotte is considering revisions to its Minimum Housing Code Ordinance, with changes that could impact housing affordability by raising the cost of property management and code compliance for landlords.

A full list of the proposed changes is available here, along with the presentation made last week to City Council’s Neighborhood Development Committee. They include:

  • Requiring roof drains, gutters and downspouts be maintained in good repair and free from obstructions and designed to discharge rainwater away from
    the structure.
  • Requiring any existing air conditioning systems to be ‘in good working condition.’
  • Requiring that cabinet doors and drawers be ‘operating as intended and have functional hardware.’
  • Requiring that exhaust ducts for clothes dryers be equipped with a back-draft
    damper.
  • New fines of $500 per day for failure to correct any dangerous violations within 48 hours.
  • Enhanced penalties for Environmental Court convictions that include probation or up to 30 days in jail.
Click here to read more.

REBIC Successfully Advocates for Noise Ordinance Fixes for Construction Sites

Posted June 27, 2019

Charlotte City Council voted Monday night on controversial amendments to the Noise Ordinance, but REBIC and our partner associations have successfully advocated for the removal of a highly problematic provision that impacted home builders, developers and general contractors.

Among its many provisions, the amendments under consideration on Monday would allow the Charlotte-Mecklenburg Police Department (CMPD) to designate specific construction sites as ‘chronic noise producers’ and require the creation of a formal plan to mitigate noise impacts on surrounding neighborhoods. This designation is already used (though very sparingly) to address issues that arise with other businesses, like bars and nightclubs.

Click here to read more.

NC Senate Passes Legislation to Clarify Taxation of Property Management Contracts

Posted June 26, 2019

The North Carolina Senate this week advanced legislation supported by REBIC, the North Carolina Association of Realtors® (NCR), NAIOP Charlotte, and other industry trade groups that would clarify that residential and commercial Property Management agreements are largely not subject to the state’s Repair, Maintenance & Installation (RMI) sales tax.

SB 523 — Revenue Laws Clarifying & Administrative Changes, passed the Senate on Thursday with an amendment that requires Property Management companies to charge and remit RMI sales tax only in the following circumstances:

  1. They provide repair, maintenance, installation services for an additional charge above what is stated in the management contract.
  2. They arrange for a third party to provide the repair, maintenance, and installation services and impose an additional charge for arranging these services.
  3. More than twenty-five percent (25%) of the time spent managing an individual real property during a billing or invoice period is attributable to taxable repair, maintenance, and installation services. The property manager can voluntarily provide a written affidavit to attest that no more than 25% of their services on a given property constitute taxable RMI services, which would clear them of liability for taxation on any portion of the contract amount.
Click here to read more.

Day at the State Capitol Comes to Raleigh

Posted June 26, 2019

NAIOP works with chapters to engage with state leaders on legislative proposals and policies that impact commercial real estate. A key event in many states is a “Day at the Capitol,” which gives members the opportunity to meet state policymakers and discuss important issues.

Members of NAIOP’s three North Carolina chapters (Charlotte, North Carolina Piedmont Triad and Raleigh Durham) converged in Raleigh to take part in the annual event. They discussed topics that are important to NAIOP North Carolina including economic development, tax reform and regulatory reform. For example, the state alliance is supporting a legislative effort to clarify that property management fees on service contracts (general repair and maintenance) are not subject to the sales and use tax.

NAIOP North Carolina also hosted a breakfast for more than 30 members and officials. Several state legislators attended the event to learn more about NAIOP and its legislative priorities.

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REBIC, Home Builders Meet with Cabarrus County Staff on Proposed Fee Increases

Posted June 25, 2019

 

This past Wednesday, REBIC and representatives from the Cabarrus Chapter of the Greater Charlotte HBA met with Cabarrus County Planning staff to discuss a recent proposal to increase planning, zoning, and some building inspection fees. The increases would impact both commercial and residential zonings in unincorporated Cabarrus County, as well as construction projects countywide. 

Staff has proposed that these new fees will go into effect starting January 1, 2020. Along with changes in the cost of permit fees, staff is also proposing changing new construction permits to a single permit. Many of the changes result from a shift from a fee structure based on estimation of cost per project, to one based on square footage.

Click here to read more.