12 | 13 | | A BILL TO BE ENTITLED 1 |
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13 | 14 | | AN ACT TO CREATE THE SECURE HOME AND FUTURE PROPERTY TAX RELIEF 2 |
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14 | 15 | | BENEFIT. 3 |
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15 | 16 | | The General Assembly of North Carolina enacts: 4 |
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16 | 17 | | SECTION 1. Article 12 of Subchapter II of Chapter 105 of the General Statutes is 5 |
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17 | 18 | | amended by adding a new section to read: 6 |
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18 | 19 | | "§ 105-277.1E. Secure home and future property tax relief. 7 |
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19 | 20 | | (a) Classification. – A permanent residence owned and occupied by a qualifying owner 8 |
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20 | 21 | | is designated a special class of property under Article V, Section 2(2) of the North Carolina 9 |
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21 | 22 | | Constitution and is taxable in accordance with this section. An owner who receives relief under 10 |
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22 | 23 | | this section may not receive other property tax relief. 11 |
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23 | 24 | | (b) Definitions. – The following definitions apply to this section: 12 |
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24 | 25 | | (1) Owner. – Defined in G.S. 105-277.1. 13 |
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25 | 26 | | (2) Permanent residence. – Defined in G.S. 105-277.1. 14 |
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26 | 27 | | (c) Qualifying Owner. – For the purpose of qualifying for the secure home and future 15 |
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27 | 28 | | property tax relief under this section, a qualifying owner is an owner who meets all of the 16 |
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28 | 29 | | following requirements as of January 1 preceding the taxable year for which the benefit is 17 |
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29 | 30 | | claimed: 18 |
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30 | 31 | | (1) The owner has owned and occupied the property as a permanent residence for 19 |
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31 | 32 | | the previous 15 consecutive years. 20 |
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32 | 33 | | (2) The owner is a North Carolina resident. 21 |
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33 | 34 | | (d) Tax Limitation. – A qualifying owner may defer the portion of the principal amount 22 |
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34 | 35 | | of tax that is imposed for the current tax year on his or her permanent residence that exceeds the 23 |
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35 | 36 | | amount due under this subsection. The principal amount of tax due for the current tax year on a 24 |
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36 | 37 | | permanent residence of a qualifying owner may not exceed the greater of the following: 25 |
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37 | 38 | | (1) The principal amount of tax due for the preceding tax year, increased by two 26 |
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38 | 39 | | percent (2%). 27 |
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39 | 40 | | (2) The amount determined under subsection (e) of this section. 28 |
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40 | 41 | | (e) Recalculation. – When the value of a property increases due to a physical change to 29 |
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41 | 42 | | the land or an improvement on the land, other than a change listed under G.S. 105-287(b), the 30 |
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42 | 43 | | principal amount of tax due on a permanent residence receiving relief under this section is the 31 |
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43 | 44 | | product of the appraised value of the permanent residence with the change or improvement as of 32 |
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44 | 45 | | January 1 in the year after the change or improvement occurs multiplied by the property tax rate 33 |
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45 | 46 | | in effect for the taxable year beginning July 1 of the year in which the property is reappraised. 34 |
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46 | 47 | | Upon the occurrence of an event triggering this subsection, the taxpayer shall notify the tax 35 |
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49 | 54 | | provisions of G.S. 105-312 shall apply for failing to notify the tax assessor as required under this 1 |
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50 | 55 | | subsection. 2 |
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51 | 56 | | (f) Temporary Absence. – An otherwise qualifying owner does not lose the benefit of 3 |
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52 | 57 | | this section because of a temporary absence from his or her permanent residence for reasons of 4 |
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53 | 58 | | health, or because of an extended absence while confined to a rest home or nursing home, so long 5 |
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54 | 59 | | as the residence is unoccupied or occupied by the owner's spouse or other dependent. 6 |
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55 | 60 | | (g) Deferred Taxes. – The difference between the taxes due under this section and the 7 |
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56 | 61 | | taxes that would have been payable in the absence of this section are a lien on the real property 8 |
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57 | 62 | | of the taxpayer as provided in G.S. 105-355(a). The difference in taxes must be carried forward 9 |
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58 | 63 | | in the records of each taxing unit as deferred taxes. The deferred taxes for the preceding three 10 |
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59 | 64 | | fiscal years are due and payable in accordance with G.S. 105-277.1F when the property loses its 11 |
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60 | 65 | | eligibility for deferral as a result of a disqualifying event described in subsection (h) of this 12 |
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61 | 66 | | section. On or before September 1 of each year, the collector must send to the mailing address of 13 |
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62 | 67 | | a residence on which taxes have been deferred a notice stating the amount of deferred taxes and 14 |
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63 | 68 | | interest that would be due and payable upon the occurrence of a disqualifying event. 15 |
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64 | 69 | | (h) Disqualifying Events. – A property loses its eligibility for the benefit provided under 16 |
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65 | 70 | | this section as a result of a disqualifying event. The tax for the fiscal year that begins in the 17 |
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66 | 71 | | calendar year in which the disqualifying event occurs is computed as if the property had not been 18 |
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67 | 72 | | classified for that year for a benefit under this section. Each of the following constitutes a 19 |
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68 | 73 | | disqualifying event: 20 |
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69 | 74 | | (1) The owner transfers the residence. Transfer of the residence is not a 21 |
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70 | 75 | | disqualifying event if (i) the owner transfers the residence to a co-owner of 22 |
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71 | 76 | | the residence or, as part of a divorce proceeding, to his or her spouse and (ii) 23 |
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72 | 77 | | that individual occupies or continues to occupy the property as his or her 24 |
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73 | 78 | | permanent residence. 25 |
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74 | 79 | | (2) The owner dies. Death of the owner is not a disqualifying event if (i) the 26 |
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75 | 80 | | owner's share passes to a co-owner of the residence or to his or her spouse and 27 |
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76 | 81 | | (ii) that individual occupies or continues to occupy the property as his or her 28 |
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77 | 82 | | permanent residence. 29 |
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78 | 83 | | (3) The owner ceases to use the property as a permanent residence. 30 |
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79 | 84 | | (i) Multiple Owners. – A permanent residence owned and occupied by husband and wife 31 |
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80 | 85 | | is entitled to the full benefit of the secure home and future property tax relief notwithstanding 32 |
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81 | 86 | | that only one of them meets the length of occupancy and ownership requirements of this section. 33 |
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82 | 87 | | When a permanent residence is owned and occupied by two or more persons other than husband 34 |
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83 | 88 | | and wife, no relief is allowed unless all of the owners qualify. 35 |
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84 | 89 | | (j) Application. – An application for property tax relief provided by this section should 36 |
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85 | 90 | | be filed during the regular listing period but may be filed and must be accepted at any time up to 37 |
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86 | 91 | | and through June 1 preceding the tax year for which the relief is claimed. Persons may apply for 38 |
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87 | 92 | | this property tax relief by entering the appropriate information on a form made available by the 39 |
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88 | 93 | | assessor under G.S. 105-282.1. 40 |
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89 | 94 | | (k) Education. – The Local Government Division of the North Carolina Department of 41 |
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90 | 95 | | Revenue shall post information pertaining to the tax relief provided under this section 42 |
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91 | 96 | | electronically on its website, which shall include information on who qualifies and how a 43 |
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92 | 97 | | qualifying taxpayer may apply for tax relief. The Local Government Division of the North 44 |
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93 | 98 | | Carolina Department of Revenue, in conjunction with county tax assessors, shall also create an 45 |
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94 | 99 | | educational presentation to be used by county tax assessors at community workshops for the 46 |
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95 | 100 | | purpose of educating taxpayers on the relief provided under this section. 47 |
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96 | 101 | | (l) Report. – The Local Government Division of the North Carolina Department of 48 |
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97 | 102 | | Revenue shall submit a report to the Revenue Laws Study Committee regarding the effectiveness 49 |
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98 | 103 | | of the tax relief provided under this section. The report shall contain, at a minimum, (i) property 50 |
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99 | 104 | | tax trends, (ii) the amount of taxpayers receiving the benefit provided in this section, (iii) the 51 General Assembly Of North Carolina Session 2025 |
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101 | 106 | | amount of tax excluded under this section in the previous fiscal year, (iv) any recommendations 1 |
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102 | 107 | | to improve the tax relief provided under this section, and (v) any other information it deems 2 |
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103 | 108 | | appropriate. The initial report shall be submitted to the Revenue Laws Study Committee by 3 |
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104 | 109 | | March 1, 2028, and by that date annually thereafter. 4 |
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105 | 110 | | (m) Review. – The Revenue Laws Study Committee shall review the effectiveness of the 5 |
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106 | 111 | | tax relief provided under this section at least every five years to determine whether adjustments 6 |
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107 | 112 | | are needed to better provide tax relief to taxpayers under this section." 7 |
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108 | 113 | | SECTION 2. G.S. 105-277.1(b)(3a) reads as rewritten: 8 |
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109 | 114 | | "(3a) Property tax relief. – The property tax homestead exclusion provided in this 9 |
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110 | 115 | | section, the property tax homestead circuit breaker provided in 10 |
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111 | 116 | | G.S. 105-277.1B, or the disabled veteran property tax homestead exclusion 11 |
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112 | 117 | | provided in G.S. 105-277.1C.G.S. 105-277.1C, or the secure home and future 12 |
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113 | 118 | | property tax relief provided in G.S. 105-277.1E." 13 |
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114 | 119 | | SECTION 3. G.S. 105-277.1F(a) reads as rewritten: 14 |
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115 | 120 | | "(a) Scope. – This section applies to the following deferred tax programs: 15 |
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116 | 121 | | (1) G.S. 105-275(12), real property owned by a nonprofit corporation held as a 16 |
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117 | 122 | | protected natural area. 17 |
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118 | 123 | | (1a) G.S. 105-275(29a), historic district property held as future site of historic 18 |
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119 | 124 | | structure. 19 |
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120 | 125 | | (2) G.S. 105-277.1B, the property tax homestead circuit breaker. 20 |
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121 | 126 | | (2a) (See note for repeal) G.S. 105-277.1D, the inventory property tax deferral. 21 |
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122 | 127 | | (2b) G.S. 105-277.1E, secure home and future property tax relief. 22 |
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123 | 128 | | (3) G.S. 105-277.4(c), present-use value property. 23 |
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124 | 129 | | (4) G.S. 105-277.14, working waterfront property. 24 |
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125 | 130 | | (4a) G.S. 105-277.15, wildlife conservation land. 25 |
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126 | 131 | | (4b) G.S. 105-277.15A, site infrastructure land. 26 |
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127 | 132 | | (5) G.S. 105-278(b), historic property. 27 |
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128 | 133 | | (6) G.S. 105-278.6(e), nonprofit property held as future site of low- or 28 |
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129 | 134 | | moderate-income housing." 29 |
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130 | 135 | | SECTION 4. G.S. 105-282.1(a)(2) reads as rewritten: 30 |
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131 | 136 | | "(2) Single application required. – An owner of one or more of the following 31 |
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132 | 137 | | properties eligible for a property tax benefit must file an application for the 32 |
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133 | 138 | | benefit to receive it. Once the application has been approved, the owner does 33 |
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134 | 139 | | not need to file an application in subsequent years unless new or additional 34 |
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135 | 140 | | property is acquired or improvements are added or removed, necessitating a 35 |
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136 | 141 | | change in the valuation of the property, or there is a change in the use of the 36 |
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137 | 142 | | property or the qualifications or eligibility of the taxpayer necessitating a 37 |
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138 | 143 | | review of the benefit. The properties are as follows: 38 |
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139 | 144 | | a. Property exempted from taxation under G.S. 105-278.2(a), 105-278.3, 39 |
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140 | 145 | | 105-278.4, 105-278.5, 105-278.6, 105-278.7, or 105-278.8. 40 |
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141 | 146 | | b. Special classes of property excluded from taxation under 41 |
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142 | 147 | | G.S. 105-275(3), (7), (8), (12), (17), (18), (19), (20), (21), (31e), (35), 42 |
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143 | 148 | | (36), (38), (39), (41), (45), (46), (47), (48), or (49) or under 43 |
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144 | 149 | | G.S. 131A-21. 44 |
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145 | 150 | | c. Special classes of property classified for taxation at a reduced 45 |
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146 | 151 | | valuation under G.S. 105-277(h), 105-277.02, 105-277.1, 105-277.1C, 46 |
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147 | 152 | | 105-277.10, 105-277.13, 105-277.14, 105-277.15, 105-277.17, or 47 |
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148 | 153 | | 105-278. 48 |
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149 | 154 | | d. Property owned by a nonprofit homeowners' association but where the 49 |
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150 | 155 | | value of the property is included in the appraisals of property owned 50 |
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151 | 156 | | by members of the association under G.S. 105-277.8. 51 General Assembly Of North Carolina Session 2025 |
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