The Unchecked Power of North Carolina HOA’s

For most of Chuck Williams’ 30 years in Wilmington, he lived in communities governed by homeowners associations. He, like most people who live under HOAs in North Carolina, never had a problem with them. He paid his dues, and they maintained the neighborhood. “Like every homeowner,” he says, “you don’t agree with everything, but I […]

HOA Collections Policies: Ensuring Financial Stability and Fairness (NC)

In the realm of community management, one of the pivotal aspects often overlooked until it becomes a pressing issue is the collections process. Community association board members serve as stewards of the community’s financial well-being, necessitating a disciplined approach towards collections and delinquency management to maintain fiscal stability for the community association. This article delves […]

Property Lien In North Carolina: What Does It Do?

When a homeowner encounters a property lien in North Carolina, it can be a source of confusion and frustration. As such, all homeowners must understand property liens, their possible consequences, and how they can affect them. It is not always easy to navigate the ins and outs of liens, especially without a lawyer or an […]

When Is an HOA/Condo Rental Amendment Unreasonable? (NC)

When it comes to declaration amendments, our firm is most often asked about restrictions on rentals, whether complete or percentage bans, restrictions on short-term rentals, or limiting corporate rentals.    In a decision issued this week (February 21, 2024), the North Carolina Court of Appeals struck down a condominium rental amendment as unreasonable.   Read the […]

Why the Chair Never Asks “Is There Any Old Business?”

At some point in some board meeting, you’re likely to hear a presiding officer ask, “Is there any Old Business?” and wait for a reply. It’s intended as an opportunity for members to raise issues that were addressed at an earlier meeting. The problem with this question is twofold    Read the article…………………………….

Understanding the Role of Community Managers and Dispelling Common Misconceptions

Homeowners’ Association (HOA) community managers play a vital role in ensuring the smooth functioning and upkeep of residential communities. Often misunderstood, their duties encompass various responsibilities, ranging from administrative tasks to facilitating communication between residents and the board of directors. Let’s delve into the intricacies of their job description and dispel some common misunderstandings surrounding […]

HOA Foreclosure Laws In North Carolina

Both homeowners and board members should familiarize themselves with the HOA foreclosure laws in North Carolina. In doing so, they can understand the rights of homeowners and the scope of authority an HOA has when it comes to foreclosures. It also helps keep the association in the clear and away from potential liability.    Read the […]

Can An HOA Board Make Homeowners Remove Security Cameras?

Homeowners may be shocked to find a letter from their HOA asking them to remove security cameras. This reaction may be quickly followed by confusion and then anger, wondering whether or not their association even has the ability to regulate security cameras on private property. Read the article…………………………….

Seven Strategies for Building a Stronger Sense of Community in Your HOA

The desire for a sense of belonging and connection with neighbors is universal. Homeowners Association (HOA) living provides a perfect ecosystem for creating an environment that can generate a sense of community, enhance the quality of life, and, by extension, improve property values within the association by making it a sought-after place to call home.  […]

Pickleball In HOAs: Yay Or Nay? (NC)

The debate surrounding pickleball in HOA communities has heightened in recent years. The rise in popularity of this sport has led to discussions about whether or not it should be allowed within the confines of HOA-regulated neighborhoods. However, there is more to this contentious issue than meets the eye, and the decision to permit it […]

Essential Cool Weather Maintenance Tasks for Community Associations

As the leaves start to fall and the temperature begins dropping, fall and early winter present an excellent opportunity for community associations to prepare their neighborhoods for winter weather. From common areas to landscaping and amenities, there are several tasks board members should address during the fall/winter season to ensure a smooth transition into winter.  […]

HOA Winter Preparation: Getting Your Community Ready for the Cold Season

To any planned community, HOA winter preparation is vital. The winter season, especially in some states, can be very harsh. Pipes can freeze over and burst, while snow can quickly pile up and cause traffic problems. A competent HOA board would do well to get ahead of the winter months by preparing the entire association […]

Budget Ratification: Understanding the Ghost of Budgets PAST When Preparing for the Future

As we reflect on the past year, many of us begin to look forward and think, “What’s next?” With the New Year right around the corner, community associations need to begin considering the PAST in order to prepare for the upcoming year. So, “What’s next?” for community associations? The answer: budget ratification.    Read the article…………………………….

Creating a Safe and Festive Holiday Season in Your Community

Homeowner’s associations (HOAs) are crucial in fostering a sense of community and maintaining property values. As the holiday season approaches, board members must strike a balance between promoting festive cheer and upholding the guidelines in the governing documents. This article will go over tips to make your community’s holiday season a great one.    Read the […]

Essential Fall Maintenance Tasks for Community Associations

As the leaves change color and the temperature begins dropping, fall presents an excellent opportunity for community associations to prepare their neighborhoods for winter weather. From common areas to landscaping and amenities, there are several tasks board m   Read the article………………………………….

Is It Okay for Our Association to Have a Social Budget?

For many community associations, it is either the middle of budgeting season, or they have just completed this financial review period for the coming year. Budgets include many categories, including maintenance, landscaping, legal, accounting, and management expenses. But what about a line item for social? Is a social budget appropriate or even allowed under the […]

The Corporate Transparency Act: Your Questions, Answered (NC)

The Corporate Transparency Act was created to provide law enforcement with beneficial ownership information related to specific business entities to detect, prevent, and punish terrorism, money laundering, and other misconduct.    Read the article…………………………….

NC Short-Term Rentals Regulation: A Breakdown Of The Changes

A bill introduced in early 2023 may change the current NC short term rental regulation for local governments. If passed, the bill would effectively reverse some of the existing restrictions on short term rentals in a handful of cities. While the bill’s effect on homeowners associations remains to be seen, HOA leaders should nevertheless familiarize […]

Debunking Common Misconceptions About Living in a Community Association

Community associations are often the subject of various misconceptions. Some may perceive them as bureaucratic and overbearing. However, these perceptions disregard the underlying reasons for associations and overlook living in a community association’s many benefits and positive aspects. This article will debunk some common misconceptions about community associations and highlight their advantages for a harmonious, […]

Register of Deeds seeks help to catalog racially restrictive covenants (NC)

The Wake County Register of Deeds Office is putting out the call for volunteers to help dive into its archives and uncover historic insights into our community’s past. The historical evidence is hidden within the “restrictive covenants” of perhaps hundreds of properties and homeowner association clauses throughout the county. The new research effort called the […]

Unlocking the Vibrancy of Your Community with Lifestyle Programming

In the realm of community association living, a growing trend is transforming residential landscapes, making neighborhoods more vibrant and connected than ever before. It’s called lifestyle programming and is not exclusively for 55+ communities anymore.   Read the article…………………………….

Mo Money, Mo Problems? No Biggie for a Homeowner’s Association, Right? (NC)

Almost all community associations in North Carolina are formed as non-profit corporations, which are taxed as corporations. This means community associations should file an IRS Form 1120 (“U.S. Corporate Income Tax Return”) at the federal level. However, a community association may elect to be taxed as a “homeowners association” under Section 528 of the Internal […]

Keys to Effective Homeowner Association (HOA) Leadership

I recently facilitated an election at a contentious HOA meeting. The lone board member called a special meeting to fill the vacant board seats and she was concerned it would not go smoothly due to conflict amongst the members.   Read the article……………………………..

Navigating Common Challenges in Community Association Meetings

Community association meetings are pivotal in fostering communication and decision-making among residents and board members. These gatherings, however, are not immune to common problems that can hinder their effectiveness and efficiency. This article will delve into some of these challenges and offer practical solutions, ensuring that community meetings serve their intended purpose.   Read the article…………………………..

Understanding the Key Roles of Officers in a Community Association Board of Directors

Community associations play a vital role in maintaining and enhancing the quality of life in their respective communities. At the heart of every community association is its board of directors, comprised of dedicated individuals who serve in various officer roles. In this article, we will delve into the responsibilities and functions of these officers, shedding […]

Understanding the Key Roles of Officers in a Community Association Board of Directors

Community associations play a vital role in maintaining and enhancing the quality of life in their respective communities. At the heart of every community association is its board of directors, comprised of dedicated individuals who serve in various officer roles. In this article, we will delve into the responsibilities and functions of these officers, shedding […]

How Can An HOA Legally Amend Bylaws And Covenants

Now and then, a homeowners association will want or need to amend bylaws and covenants. Board members act as the leaders of the association. However, they don’t possess absolute power that would allow them to change the bylaws and covenants without going through the proper channels and procedures. Improperly enacted amendments are usually unenforceable.    Read […]

One of These Things Is Not Like the Other: Proxies at Meetings, Written Ballots, and Electronic Voting (NC)

All community associations, at least annually, are faced with action items requiring a vote of their membership.  For example, community association membership participation is necessary on an annual basis, at a minimum, to elect the Board of Directors and for ratification of the upcoming year’s annual budget.   Read the article………………………..

HOA Rental Realities: Key Considerations for Property Owners

Increases in the number of homes that are owned as investment properties have become a reality for community associations, and boards are challenged because many property owners do not fully understand the rules and regulations of renting out a home within a community with an HOA.   Read the article………………………..

HOA Community Emergency Preparedness

We are in the middle of the official hurricane season for 2023. Though we have not had a storm yet, we know how quickly things can change and how fast an emergency can arise.  For the safety of community members, HOAs should implement an emergency preparedness plan for the community.   Read the article………………………..

Safeguarding Community Associations: The Annual Insurance Review Imperative

As community association board members serve as the governing body of neighborhoods, preserving their vitality and protecting their assets becomes a collective responsibility. In the realm of safeguarding, a vital practice is the annual review of insurance policies. In addition to essential coverages such as Property, Liability, and Building and Ordinance policies, let’s look at […]

Parliamentarian Pro Tips: Assisting Large Meetings

Large annual meetings and conventions create special demands on the parliamentarian. For example, numerous business items may move very quickly with lightning speed. The large audience and attendees milling about make it difficult to see who wishes to be recognized to speak.  Read the article………………………..

TradeMark Condominium: Cohesion and community at Charlotte high-rise (NC)

Nestled among the tall, brilliant, and imposing skyscrapers of Charlotte, N.C., sits the TradeMark Condominium. Built in 2006, this 28-story, high-rise community evokes a warm, inviting, and family-like atmosphere in this major financial center in the Southeastern U.S.   Read the article………………………..

The Role of an HOA Management Company: A Comprehensive Guide

Many Americans live in common-interest communities, such as homeowner’s associations (HOAs) and condominium associations. In fact, in 2022, about 26% of Americans lived in HOAs alone. That means thousands of communities nationwide designed to govern themselves and enhance home value for their residents.   Read the article………………………..

Understanding the Hierarchy of Governing Documents in a Community Association

Living in a community association entails adhering to a set of governing documents that guide residents, maintain order, and protect property values. These documents exist within a hierarchical structure, each serving a specific purpose and establishing a distinct level of authority.   Read the article………………………..

Dispute Resolution In HOA: Resolving Conflicts The Right Way

It is important to practice proper dispute resolution in HOA communities. Unfortunately, the reality is that many homeowners associations still struggle with this aspect of management. When faced with a conflict, some boards implement a non-standardized way of dealing with it. This inconsistent approach to resolving disputes will only lead to more misunderstandings.    Read the […]

7 Ways To Attract HOA Volunteers To Serve In Your Community

HOA volunteers are the dynamic force behind every association, but not all communities have enough of them. In fact, plenty of associations have trouble enticing residents to serve as volunteers. However, boards should not give up the fight because an HOA that lacks adequate volunteers will cease to function properly. Fortunately, some strategies can help […]

7 Essential Yearly Reviews for Community Association Board Members

As a board member of a community association, it’s crucial to regularly review important aspects of your association’s operations to ensure its success and meet the needs of residents. In this blog post, we will discuss seven key areas that community association board members should review each year.   Read the article………………………..

13 Common Challenges And Issues Of HOA Board Members

It is important to outline the many issues of HOA board members in community associations. By understanding what these issues are and how they affect HOA management, board members can learn to avoid or overcome them. In doing so, boards can manage their associations with more thought and preparation, allowing their communities to thrive.   Read […]

How HOAs Should Prepare for the Atlantic Hurricane Season

As we approach June, it’s time for community association board members on the east coast to begin preparing for the Atlantic hurricane season. Hurricanes can be incredibly destructive, so association leaders must do all they can to protect their residents and property.  Read the article………………………..

How HOAs Should Prepare for the Atlantic Hurricane Season

As we approach June, it’s time for community association board members on the east coast to begin preparing for the Atlantic hurricane season. Hurricanes can be incredibly destructive, so association leaders must do all they can to protect their residents and property. In this article, we’ll cover some tips on preparing your community for a […]