Latest news with #SenateBill378
Yahoo
28-06-2025
- Business
- Yahoo
‘My HOA Is Trying To Steal My Home': Charlotte Homeowner Joins the Fight for Pivotal HOA Reform in North Carolina
Jeffrey and Levi Baldwin thought they were following the rules. As proud homeowners in Charlotte, NC, they kept up with their HOA requirements, dotting their proverbial i's and crossing their t's. Or so they thought, until Jeffrey went to pay their annual dues and was blindsided by thousands of dollars in fines he says he never knew existed. Their alleged crime? Parking a vehicle in their driveway. What began as a routine payment has turned into a drawn-out legal battle, with the Baldwins spending more than $10,000 in legal fees and facing foreclosure on their home for unpaid HOA dues. Their case has become a rallying cry for homeowners across the state, drawing attention to Senate Bill 378, a bipartisan reform effort that aims to rein in HOA power. The bill would cap excessive fines, ban HOAs from profiting off of penalties, and introduce new safeguards before foreclosure can proceed. At their best, homeowners associations protect property values, enforce community standards, and even help coordinate maintenance. They can be a valuable resource for new homeowners, bridging the gap from low-responsibility renting to more involved homeownership. They're also becoming more common: In 2024, 41% of homes listed on carried an HOA fee. But critics say HOAs can also overstep—imposing surprise fines, enforcing inconsistent rules, and operating with little transparency or accountability. What makes them especially powerful is their ability to place liens on a home when dues or fines go unpaid (as they did in the Baldwins' case), putting a property at risk of foreclosure, much like when taxes go unpaid. A recent U.S. Supreme Court ruling, Tyler v. Hennepin County, rewrote the rules on how governments can seize home equity over unpaid tax bills. But HOAs have largely escaped that level of scrutiny. In many states, they can still foreclose with minimal oversight or homeowner protection. That's why homeowners like the Baldwins are calling for change. Without reform, they argue, the balance of power in HOA communities remains dangerously one-sided. SB 378 aims to create more balance between homeowners and their HOAs by adding guardrails around how fines and foreclosures are handled. The bipartisan bill, which passed unanimously in the North Carolina Senate and now awaits a House vote, includes several key protections: Caps fines for HOA violations at $2,500 per infraction, preventing runaway penalties for minor issues. Requires advance notice and a formal hearing before any fines can be imposed, giving homeowners a chance to respond. Bans HOAs from profiting off of fines, helping curb what some critics call 'incentivized enforcement.' Prohibits foreclosure based solely on unpaid fines, ensuring homeowners aren't at risk of losing their homes (and their equity) over disputes about landscaping or parking. Mandates mediation and multiple written notices before a lien can be filed or foreclosure can proceed. 'The goal isn't to dismantle all powers of an HOA,' state Rep. Ya Liu told the Charlotte Observer recently. 'It is to create transparency between homeowners and the association controlling them.' Liu, a strong advocate for HOA reform, introduced a similar bill in the North Carolina House last year. While that version stalled, she continues to push for greater oversight and homeowner protections statewide. Reforming HOA laws is easier said than done. Real estate lobbyists were the fourth largest in the nation in 2024 when measured by spending, according to recent data. HOA lobbies make up a meaningful chunk of that. These groups have successfully blocked or weakened reform efforts, arguing that tighter regulation would make it harder for associations to govern effectively. In 2023, for example, House Bill 542 in North Carolina, which aimed to curb foreclosure powers, died in committee after industry pushback. Another, more complicated challenge is that no two HOAs are exactly alike. With more than 14,000 associations across North Carolina alone, drafting legislation that works for sprawling master-planned communities as well as small condo buildings is no small feat. The wide range of HOA size, structure, and management styles makes one-size-fits-all reform prone to failure. But many have had enough. SB 378 has gained bipartisan support, and personal stories like the Baldwins' are striking a chord with lawmakers and voters alike. As public pressure grows and more homeowners speak out, what was once seen as a niche issue is becoming part of a larger conversation about property rights and consumer protection. If it passes, SB 378 would rank among the strongest consumer protection laws for HOA-governed communities in the country. It wouldn't eliminate HOAs, but it would protect homeowners from fines that spiral into foreclosures. For homeowners everywhere, this moment is a reminder to get proactive. Here's what you can do now: Read your HOA bylaws. Before you join an association, make sure you have a solid understanding of how the HOA handles fines, dues, and foreclosures. This can help prevent unexpected and costly surprises. Learn your state's laws. Some states have already passed meaningful HOA reform and protections, like California's Davis-Stirling Common Interest Development Act, which imposes strict procedural and disclosure requirements on HOAs. Understand the difference between unpaid dues and unpaid fines. Dues are often enforceable by foreclosure; fines might not be. Keep all documentation. If you're disputing a violation, save emails, letters, and photos. These documents can serve as the basis for a case if you decide to take legal action. Seek legal advice early. Waiting too long to loop in an attorney can limit your options and increase costs. If you're in a dispute with your HOA, seek professional advice now. While SB 378 awaits a House vote, the Baldwins will keep fighting. HOAs are 'trying to steal our home through arbitrary, petty rules that they control. They're using extortion tactics to basically rob homeowners, and I just don't think that's right,' Jeffrey told the Observer. 'That's why I'm fighting them.' The louder the public pressure, the harder it will be for lawmakers to ignore what's happening behind closed gates. Fed Holds Interest Rates Steady After Trump Ripped Powell for Inaction Single-Family Home Construction Stays Muted in May as Builders Grapple With Rates and Tariffs Home Affordability Is 'Historically Low,' Says JPMorganChase
Yahoo
02-06-2025
- Business
- Yahoo
On final day of session, Gov. Abbott vetoes Botox patient safety bill filed after KXAN investigation
AUSTIN (KXAN) — Gov. Greg Abbott vetoed legislation which aimed to enhance Botox patient safety and transparency Monday, calling the measure 'unnecessary and overly-burdensome' for business in Texas. Senate Bill 378 would have prohibited barbers, cosmetologists and estheticians from administering Botox and other injectables unless they were licensed or authorized to give the shots. The measure would also have given the Texas Department of Licensing and Regulation more disciplinary authority over those professionals. 'The passage of SB 378 is a critical step that protects the public from unqualified individuals administering potentially dangerous injections. This common-sense legislation ensures cosmetologists and barbers are not performing injections without proper physician supervision,' the bill's author, Sen. Charles Schwertner, R-Georgetown, explained after the measure was sent to the governor on May 21. KXAN has reached out to Schwertner's office for comment after the veto. 'Texas should be removing barriers for small businesses and occupational licensees,' Senate Secretary Patsy Spaw said on the chamber floor Monday, reading the governor's written words verbatim. 'Senate Bill 378 by Schwertner does just the opposite by, among other things, prohibiting a licensed cosmetologist or barber from 'making an incision into the dermis, layer of a person's skin.' Barbers who nick a customer's neck during a straight razor shave should not fear the loss of their licenses as we work to make government more efficient and less intrusive for Texans and businesses.' While most of the governor's vetoes will be delivered after the session, SB 378's passage timeline required him to take action sooner or the bill would have gone into law without his signature. It is his first veto of a Senate bill this session. 'I disapprove of this bill,' Abbott wrote to Senators before sine die, the official end of the session. 'Since you remain gathered in regular session and continue to conduct formal business, I am delivering this disapproval message directly to you along with the unsigned official enrolled copy of the bill.' Schwertner told lawmakers earlier in the session there have been increased reports of 'Botox parties' which include unauthorized and unsafe injections to friends and family without proper supervision. RELATED: 'Botox party' bill heads to governor Schwertner previously shared with KXAN investigators that, by law, estheticians and cosmetologists can only perform injections, including Botox, under the authority of a physician. He added that while the Texas Medical Board has disciplinary authority over physicians who are authorizing the injections, there is no oversight when it comes to professionals including estheticians or cosmetologists who could be in violation. During a House committee hearing in April, lawmakers received nearly 50 written comments from many Texas estheticians and injectors opposing the legislation and sharing concerns about their businesses being impacted. KXAN INVESTIGATION: Backroom Botox a 'wild west' in Texas Patient protection advocates have been pushing for oversight in the growing industry. The legislation was filed after a KXAN investigation uncovered that anyone in Texas can become certified to do injections, including Botox. KXAN's 'Backroom Botox' investigation highlighted medical concerns after a Botox treatment led to an emergency in the back room of a local boutique in Dublin, a city north of Austin. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
30-04-2025
- Health
- Yahoo
‘Botox party' bill step closer to becoming Texas law
AUSTIN (KXAN) — The Texas House Licensing & Administrative Procedures Committee heard Senate Bill 378 late Tuesday night. The proposed legislation pushes for patient safety and transparency on who can administer Botox injections and similar treatments. The bill authored by State Sen. Charles Schwertner, R-Georgetown, was left pending in committee. It would prohibit estheticians, cosmetologists and barbers from administering injections and using prescriptive medical devices unless they are legally licensed and authorized to perform the acts. RELATED: 'The Botox party bill' moving forward in legislature The bill analysis states that, by law, estheticians and cosmetologist can only perform injections, including Botox, under the authority of a physician. Schwertner has told KXAN investigators previously that there have been increased reports of 'Botox parties' which include unauthorized and unsafe injections to friends and family without proper supervision. The legislation would give the Texas Department of Licensing and Regulation authority to take disciplinary action against those administering unauthorized injections. RELATED: Texas pushes to tighten rules for Botox, similar treatments According to the bill analysis, while the Texas Medical Board or TMB has disciplinary authority over physicians who are supposed to be authorizing the injections, current statute is 'silent' on both TMB and TDLR's authority to pursue the licensed esthetician or cosmetologist who are in violation. 'This bill ensures that only qualified medical professionals are providing these treatments. This can help prevent potential harm and adverse effects that can occur from unlicensed and unauthorized administration of injections,' said the bill analysis. The House committee received nearly 50 written comments with most opposing the legislation, including several from estheticians and injectors concerned about their small businesses being impacted. 'Please think of ME, a licensed esthetician who has 600 active injectable clients who trust me and only me with their face because I have immense knowledge and have sacrificed 5 years to this business,' said Morgan Mills, an esthetician and medical spa owner. Dacia Cahanin-Salinas, an aesthetic injector, wrote 'Senate Bill 378 doesn't protect public safety — it limits it,' adding that 'even licensed professionals — including physicians — must seek additional, non-traditional training to practice aesthetic injections safely.' She explained Texas should create a standardized, state-accredited training program with a required exam. 'Anyone — licensed or not — would be required to complete this training, prove their knowledge, and demonstrate safe technique before being allowed to inject,' Cahanin-Salinas wrote. 'When it comes to protecting Texans, competency matters more than credentials. Let's raise the standards — not build walls.' KXAN INVESTIGATION: Backroom Botox a 'wild west' in Texas The legislation was filed after a KXAN investigation uncovered that anyone in Texas can become certified to do injections, including Botox. In May, KXAN's 'Backroom Botox' investigation highlighted the need for patient safety after a Botox treatment led to a medical emergency in the backroom of a local boutique in Dublin, a city north of Austin. The Texas Senate passed Schwertner's bill in March. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
20-03-2025
- Politics
- Yahoo
Eye of the legislative storm: Lawmakers enjoy low-key week before crunch time
Gifty Okrah poses for a picture at Lawyers Mall on Wednesday, after presenting bill to the House Ways and Means Committee on behalf of the senator she interns for. (Photo by William J. Ford/Maryland Matters) Annapolis has its own way of marking time. In the frantic weeks before Monday's 'crossover' date, hearings are often long and tempers are short. After crossover, hearings are short. Tempers – what are they? Things will heat up soon enough, with the House and Senate and governor's office all fighting for their part of legislation, big and small, with just under three weeks left to get it all done. But for now, legislators this week are in that sweet spot. It didn't hurt that spring was starting to make its presence felt, too. Crossover was Monday, the deadline by which a bill has to move out of one chamber if it's to be guaranteed a hearing in the other. A bill has to be approved by both chambers before it can be signed into law. After crossover, many of the bills are familiar to lawmakers, who may have heard testimony on their own chamber's bill on the same topic before. Instead of hearing rooms full of potential witnesses, many bills now have only a handful of people testifying — often just the sponsor. Crossover day brings a flurry of action on bills rushing to beat deadline, stay alive In some cases, legislators send their staff, or even interns, to present bills and say a few words on behalf of their bosses. Not everybody's a fan. Del. Mark Fisher (R-Calvert) said the fact that a bill has been heard in one chamber shouldn't limit testimony. 'People want to have their voices heard,' said Fisher, noting that some people aren't always able to travel to Annapolis for testimony. 'We should have everybody that's want to testify be able to testify.' But with the final day of the session less than three weeks off, it's hard to argue with efficiency. Case in point: It took less than 15 minutes for the House Ways and Means Committee to review nine bills. Pre-crossover, it might take the committee twice as long to hear just one bill. A light moment occurred when Azra Ozturk, the chief of staff for Sen. Alonzo Washington (D-Prince George's), showed up at Ways and Means to testify on Washington's bill, Senate Bill 378, which proposes to establish a family literacy pilot program. The bill would let incarcerated individuals record themselves reading books for their children, with the book and the recording sent to the children. The House already heard and passed its version of the bill, sponsored by Del. Julie Palakovich Carr (D-Montgomery), that will be heard by the Senate Education, Energy and the Environment Committee. 'He [Washington] apologizes for not being here,' Ozturk told the House committee Wednesday. 'He wanted me to specifically mention that he dearly misses the Ways and Means Committee, and it stands as the best committee in Annapolis.' Del. Vanessa Atterbeary (D-Howard), chair of the committee, quickly interjected. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX 'Tell him if he did, he would be over here right now to say that to our faces,' Atterbeary said with a smile, to some laughter in the committee room. Even the criticisms are gentler post-crossover. The senators who showed up to summarize their bills for the committee were Sens. Benjamin Brooks (D-Baltimore County), Cheryl Kagan (D-Montgomery) and Dawn Gile (D-Anne Arundel). Sen. Brian Feldman (D-Montgomery), whose bill was first up, entrusted the job of presenting it to an intern, Gifty Okrah, 20, a senior at the University of Maryland, College Park. Okrah spoke for about 40 seconds on Senate Bill 293, which would require that school board members complete antibias training at least once during their term in office. According to the bill, the training must be offered in a peer-to-peer setting, take a half-day or less and incorporate lessons learned from incidents of bullying, harassment, or intimidation in the county. 'It is a privilege to know that it's possible for students like myself to be in that position to be talking about policies that directly affect them,' Okrah, who majors in public policy, said hours after her brief testimony. 'So just knowing that it's required for board members and teachers as well, that's really good.'
Yahoo
13-03-2025
- Health
- Yahoo
‘The Botox party bill': Legislation introduced following KXAN's ‘Backroom Botox' investigation
AUSTIN (KXAN) — Proposed legislation to enhance patient safety and tighten Texas laws over who can administer Botox injections — and similar treatments — was introduced to the Senate Business and Commerce Committee at the Capitol this week. The legislation comes after a KXAN investigation uncovered that anyone can become certified to do injections, including Botox, and the need for more oversight for patient safety. The committee learned the details of Senate Bill 378 from State Sen. Charles Schwertner, R-Georgetown, who is also a medical doctor. He filed the same bill last session before it stalled after passing the Senate. 'I'll call this the Botox party bill,' said Schwertner, whose proposed legislation would prevent barbers, cosmetologists, and estheticians from administering Botox and other injectables unless they are licensed or authorized to give the shots. 'There have been increased reports of estheticians administering unauthorized and unsafe injections to friends and family without proper physician supervision,' Schwertner stated. In May, KXAN's 'Backroom Botox,' highlighted a medical emergency under investigation by the police department in Dublin, a small city north of Austin. A woman who wanted her privacy protected told KXAN investigators that she had fainted after getting a Botox treatment in the back room of a shop in town. According to the EMS report, the 'Backroom Botox' procedure resulted in Dublin woman having a five-minute seizure and vomiting. The supervising physician listed for the Dublin Botox provider was a pediatrician, over three hours away. Schwertner said his bill focuses on patient safety and the need for clearer regulatory oversight and disciplinary jurisdiction over cosmetologists and estheticians administering unauthorized injections. RELATED: Texas pushes to tighten rules for Botox, similar treatments If passed, Schwertner's bill would give the Texas Department of Licensing and Regulation the statutory authority to take disciplinary action against those administering unauthorized injections. 'Somebody needs to be regulating what's going on,' said Dr. Patricia Aronin with TX400, a grassroots group of doctors advocating for patient safety across the state. Aronin, a retired pediatric neurosurgeon, spoke in favor of Schwertner's bill at the committee hearing this week and explained the risks and consequences associated with getting injections from providers who don't have the proper medical training or experience to safely do so. 'We can teach a monkey to operate, it's learning who and on what procedure and when and how to manage complications that take all the years of training,' Aronin said. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
