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NC Community Association Legislative Update – Community Association Property Management Act

While most NC General Assembly bill filing deadlines have passed, legislation considered appropriations or finance can be filed through next week. A bill introduced yesterday would, if adopted, significantly impact North Carolina’s HOA/condo associations as well as community managers.  

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NC Community Association Legislative Update – April 19, 2017

Several important legislative deadlines have passed in recent weeks. Tuesday, April 4 marked the NC Senate deadline for filing public bills and resolutions. Tuesday, April 11 marked the NC House deadline for filing public bills and resolutions (other than appropriations

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Clayton woman pleads guilty to embezzling $800,000 from 25 homeowner associations (NC)

Diana Kelly, a woman accused of embezzling more than $800,000 from 25 homeowner associations whose accounts she managed, pleaded guilty on Monday to the charges as part of a plea arrangement with Wake County prosecutors.  Kelly, 54, rose in front

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NC Community Association Legislative Update – Fidelity Coverage & Audits

While there are still several weeks for legislative proposals to be introduced in the General Assembly, one bill introduced yesterday (March 29) would directly impact North Carolina condominium and homeowner associations: Senate Bill 491: HOA/Condo Crime & Fidelity Insurance Policies

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Homeowners Anxious for Hydrants After Massive Fire (NC)

People who live in a Mint Hill neighborhood are anxious to finally have more fire hydrants near their homes.  Last week, a fire destroyed one home. Firefighters had to truck in water from nearly a mile away.  Charlotte Water has

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Brunswick developer, Ocean Ridge association locked in legal battle (NC)

The developer of a neighborhood in Brunswick County is suing a homeowner’s association in a community it developed.  Developer Mark Saunders’ company, Coastal Communities at Ocean Ridge Plantation, LLC, filed the suit.  According to the initial complaint filed in January

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To Pay or Not to Pay. . .

Q:  I live in a subdivision with recorded deed restrictions that address the use of the property, but the restrictions have no provisions for the establishment of an HOA, maintenance assessments, dues, or fines. The developers recorded a letter of

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Homeowner questions responsibility for broken pipe, erosion (NC)

A damaged drainage pipe and the water leaking from it, especially during the heavy rains of Hurricane Matthew, has caused extreme erosion at a Raintree home     Read the article…………..

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To Pay or Not to Pay. . . (NC)

Q: I live in a subdivision with recorded deed restrictions that address the use of the property, but the restrictions have no provisions for the establishment of an HOA, maintenance assessments, dues, or fines. The developers recorded a letter of

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Should Using the Pool Cost You More?

Q: Are there any homeowners associations (“HOAs”) that assess dues to different homes based upon the individual homeowners’ use of or impact on the neighborhood amenities? Our community includes private streets that the HOA pays to maintain. We have residents

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Leland seeks a solution for Magnolia Greens flooding issue (NC)

After a heavy rain or storm, Magnolia Greens residents living near retention ponds have experienced flooding, with waters rising in streets, driveways, yards and around homes.  After Hurricane Matthew swept through the area, the issue was once again highlighted, prompting

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Case of private police chief accused of harassment goes to the jury (NC)

Smith said the homeowner’s association also told him that Conover “formerly did work for the homeowner’s association,” but that his contract ended in late 2013 after construction in the neighborhood ended.  Gaskins on Thursday suggested that Conover had a verbal

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Private police chief’s trial stems from dispute with his neighbor (NC)

Wake County District Attorney Lorrin Freeman told members of a superior court jury Tuesday that the owner of a private security company abused his authority and showed “no respect for boundaries” when he used the state’s criminal information network to

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What Roles Do Owners, Boards And Committees Play Within Community Associations?

There are various opinions on the role of community and condominium associations. But, generally speaking, the main purpose and authority of the association are to maintain common elements and ensure compliance with the association’s governing documents.   Property owner associations

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Repairing dams, roads, lakes costly proposition (NC)

Matthew did a number on four of this city’s earthen dams, and the October storm has left us with some hefty repair costs.  “The assessments for Arran Lakes dam, Devonwood Lower dam and Mirror Lake dam have been completed,” says

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Thawing after weekend freeze setting off sprinkler systems (NC)

Fayetteville firefighters have been busy the past couple of days – not because of fire, but because of ice. Sprinkler systems damaged by frozen pipes have kept them on the move.  Stewart’s Creek Condominiums has one of more than two

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Don’t Assume Your Homeowners Association Will Provide Plowing (NC)

If you live in the city limits, chances are, your Homeowners Association doesn’t cover snow removal. Why pay for something the city is eventually going to do anyway?  But you’re paying the HOA fees so you should look now to

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HOAs should embrace the power of numbers (NC)

The Charlotte-Mecklenburg Police Department hopes to begin convening a council of neighborhood leaders to discuss issues involving the city.  Capt. Todd Lontz, of CMPD’s South Division, told the Ballantyne Breakfast Club on Saturday, Dec. 10, that groups of neighborhoods have

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Editorial: A merrier Christmas for area HOAs (NC)

It has seemed like little mystery that the owner of a Garner-based HOA management company would eventually be charged with crimes involving the embezzlement of funds from HOAs.  But last week’s news that Diana Kelly had been charged with 25

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Wake (NC) DA: Investigating HOA embezzlement case took time

Officials with several homeowners associations in the Triangle expressed frustration this summer when money went missing from their accounts and no one was being held accountable.  Their wait ended this week, when a Wake County grand jury indicted Diana Ellis

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Fayetteville dam breach has neighborhood on alert (NC)

There’s a growing concern among homeowners in Country Club Hills after the county alerted 40 homeowners of a potential risk of flooding because of a breached dam.  The Department of Environmental Equality Division of Dam Safety notified the County’s Emergency

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NC Update: Clayton woman charged with embezzling from HOAs

Police on Tuesday arrested the owner of a homeowners association management company suspected of stealing as much as $800,000 from dozens of area HOAs.  Diana Ellis Kelly, 54, of Clayton, has been indicted on 25 counts of embezzlement and was

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Failure to Hold Formal Board Votes Dooms Two Charlotte HOAs (NC)

There are times in the practice of homeowners’ association law when courts make rulings with which we as attorneys disagree but where an underlying principle or best practice is affirmed. A prime example is the N.C. Court of Appeals’ opinion

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A first-hand account of the possible tornado that ripped through Charlotte (NC)

About 6:30 p.m., my family and I left our home in Ayrsley to go out to dinner. We were about a quarter mile south of Westinghouse on South Tryon Street when traffic came to a halt. As we slowed, both

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Bah humbug! You’ll be arrested for climbing this HOA’s Christmas tree (NC)

The cheerful looking note – adorned by a cartoon Christmas tree – was sent to home owners with a less than cheerful headline: “The annual request to stay off and out of the tree.”  What followed was a friendly holiday

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Figure Eight homeowners reject terminal groin (NC)

Figure Eight Island homeowners have voted down plans for a terminal groin, bucking the trend set this year by other coastal communities.  An unincorporated, privately developed barrier island just north of Wrightsville Beach, Figure Eight is bordered to the north

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Knightdale looks to hand HOAs more responsibility for stormwater (NC)

The Town Council is considering an amendment to the Unified Development Ordinance that would modify maintenance requirements for stormwater infrastructure in subdivisions with active homeowner’s associations, putting more of the responsibility on the HOAs.  The town received a letter from

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Fayetteville residents cut off by Matthew worry about safety

Hurricane Matthew has forced residents in a Fayetteville neighborhood to cross a dangerous earthen dam to leave the subdivision. But now, after more than a week, residents are concerned about how they would get help in an emergency.  Harriett Shooter

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Damaged bridge is only way out of Fayetteville neighborhood (NC)

A washed out road in Fayetteville has cut off an entire neighborhood and residents say they have previously told the city it could happen.  Siple Avenue used to be the only safe way to get in or out of the

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Figure Eight Island’s authority to build erosion structure challenged (NC)

A North Carolina environmental organization is challenging the Figure Eight Island Homeowners Association’s authority to build an erosion-prevention structure on the private island, citing opposition by some residents that would have to grant access to their land.  In a Sept.

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HOA Boards must be wary of potential conflicts of interest

Q: What is a reasonable course of action for homeowners who have legitimate concerns about a board member with a clear conflict of interest? For example, say a homeowners’ association (HOA) has a board member who is also a contractor

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Figure Eight Island homeowners will vote on erosion structure (NC)

The island’s homeowners association is seeking a permit from the U.S. Army Corps of Engineers to build the structure, but first it must demonstrate that it has raised the funding to build the $2 million-$4 million project, which would be

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Resident says beach condominium sinking into ground (NC)

A resident is worried their beach condominium in Carolina Beach is sinking into the ground.  The resident, who wishes to remain anonymous, says they live in Beach Harbour, a property on Canal Drive.    Read the article…………….

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Ask SAM: HOA financial records

Q: I belong to a Home Owners Association where we are charged $150 monthly dues. I used to get detailed financial reports and monthly meeting minutes by email. In the last few months, with a new HOA board, it has

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Ogden HOA left in lurch while management company investigated (NC)

After a Garner-based management company, Kornerstone Community Management, closed its doors abruptly in August with no notice to homeowners’ associations it managed across the state, at least one local HOA is without access to its bank accounts.  The HOA of

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Police, Wake DA to HOA leaders: Be patient, get lawyers (NC)

awyers and police counseled patience Thursday night before a crowd of homeowners association leaders gathered to hear an update on an investigation into money that was discovered missing after the management company that ran the associations closed suddenly.  Garner Chief

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Homeowner claims HOA yanked rose bush she couldn’t care for while fighting cancer (NC)

A Charlotte homeowner is upset after she said her Home Owners Association went on her property and ripped out her beloved rose bushes. Waunetta Scherich turned to WBTV with her frustrations.  “My roses were beautiful. I had lots of compliments

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Police execute search warrants in HOA case (NC)

Police detectives took 14 file cabinets containing legal documents, 55 boxes of files and computer memory from seven machines on Aug. 11 after searching the office of the management company that 11 homeowners associations claim stole their money, documents showed.

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SBI joins investigation of missing HOA money (NC)

Police said Wednesday they have called in financial crimes experts from the State Bureau of Investigation to assist in an investigation of possible embezzlement from dozens of area homeowners associations.  Twenty-five HOAs from across the Triangle have filed complaints with

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Frustrated Homeowners in Legacy Lakes Seek Help (NC)

Homeowners in the Legacy Lakes subdivision appealed to the Aberdeen Town Board on Monday, looking for assistance to improve conditions in their community.  Bruce Parker presented a petition of 120 signatures from residents who oppose any plans by developers to

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Figure Eight Homeowner Won’t Budge (NC)

The Figure Eight homeowners’ association’s board of directors is awaiting approval of a federal permit to build a 1,500-foot-long rock groin across the tip of island’s north end. The permit application was filed in late June after the Army Corps

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Triangle HOAs claim management company closed shop with their money (NC)

Police are investigating whether a management company has stolen hundreds of thousands of dollars from at least 27 homeowners associations across the Triangle.  The management company, Kornerstone, whose office was based in Garner, suddenly closed without notice, leaving some associations

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Police estimate $500K missing in Garner HOA embezzlement case (NC)

Two dozen more homeowners associations in the Triangle have come forward in connection to the possible embezzlement of tens of thousands of dollars.  Last week, two HOAs had filed reports with Garner police and four others filed complaints with the

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Neighbors: Thomas Shooter Not Part of Patrol (NC)

But Copley’s neighbors say residents are instructed by police not to take matters into their own hands. The Neusse Homeowners Association exist, but it has no authority to try to protect the neighborhood, a spokesman told the Raleigh News &

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NC: Garner police investigate after HOAs say money missing

Police said Wednesday that they are investigating the possible embezzlement of tens of thousands of dollars from at least six homeowners associations in the Triangle.  Accounts for all six HOAs were, at some point, maintained by Kornerstone Community Management in

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Ask SAM: HOA won’t release financial information (NC)

Q: I live in a large townhome community in Winston-Salem. Until recently, we have received quarterly financials indicating how our money was spent. Since a majority of new board members and a new property management group have come on board

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Is Selective Enforcement of Restrictions Acceptable?

Q: Some of my neighbors and I recently received notices for violations of our community’s restrictive covenants (CCRs) based on the condition of our lawns. However, the homeowner across the street from me has four or five commercial vehicles parked

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My descent into HOA hell in North Carolina

North Carolina has well over 63,000 Homeowners Associations, and almost everyone who has lived being regulated by one probably has a story to tell. Many of the stories are not nice ones. Living in an HOA community gives you access

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Condo Association says runoff damage is not result of development (NC)

The Condominium Association has released the results of a runoff complaint investigation.  In March of 2016, Walter Robertson told News 13 runoff from for Appeldoorn Condominiums had severely damaged his backyard on High Meadow Road.    Read the article………….

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Property Owner Association Strategies For Hurricane And Disaster Preparation (Part 1)

Is your association ready for a disaster or catastrophic event? A plan is critical year-round, but for the Cape Fear region, it is particularly important to be prepared for hurricanes and floods.  Read the article…………

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