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 […]

Are Swim Spas In Homeowners Associations Allowed? (NC)

It’s not uncommon to see swim spas in homeowners associations. Residents see it as a cheaper alternative to backyard pools, though not all communities might permit it. Homeowners should make sure to review their association’s governing documents before installing a swim spa. Similarly, HOA boards should approach the topic with caution to avoid potential liability.  […]

9 Ways To Honor Fallen Veterans In The Community This Memorial Day

It is important to honor fallen veterans in the community this Memorial Day. By celebrating the contributions of veterans, you can help instill a feeling of patriotism and gratitude in your HOA. Not many communities, though, know where to begin. If you’re looking for ways to honor fallen veterans this holiday, you’ve come to the […]

Tips for Running a Successful Community Association Meeting

Have you volunteered to sit on your community’s board of directors? If so, chances are you understand how exhausting meetings can get. Nevertheless, meetings are necessary to take care of the association’s business. Fortunately, solutions are available to ensure these issues don’t derail future meetings or hamper progress; today, we have some tips for managing […]

Proposed NC Law Changing Declaration Amendments Would Harm Associations and Owners

SB 552 and HB 551 are mainly focused on landlord-tenant issues, but both include a provision that any declaration amendments made by an HOA or condo association would “only affect lot owners whose lots are conveyed or transferred after the amendment takes effect.” Such an outcome impacting ALL declaration amendments would have disastrous consequences on […]

Condo Charged with Discrimination for Delay in Approving Assistance Animal

In a recent case out of Pennsylvania, a condominium association was found to have violated Fair Housing laws for its delay in approving requests for reasonable accommodation for an emotional support animal belonging to a resident and for imposing conditions on the animals’ use of the common area.   Read the article………………………..

Things to Consider When Forming Your HOA’s Emergency Plan

Forming an emergency plan is essential for all community associations. Having a comprehensive plan will keep you ahead of the curve and allow board members to rest assured that all aspects of the association are prepared man with emergency planshould the worst occur. In this blog post, we’ll go over what to assess when forming […]

The Benefits of a Living Reserve Study for HOAs (NC)

For HOAs, planning and budgeting for future maintenance and replacement costs is essential. Due to the condo collapse at Surfside in Florida there is a national focus on the integrity of buildings and the need for reserve studies and proper asset management. Lenders are starting to require such reports and proper reserve funding to provide […]

I am a Volunteer, so I am Protected, Right?: Understanding Director and Officer Liability Insurance for Community Associations

Community associations (“Associations”) act through their board members and officers, who are volunteers and are generally willing to serve because they care about their communities.  Notwithstanding their status as volunteers of nonprofit corporations, board members can, and often are, targets of member lawsuits     Read the article………………………..

Are you Following Robert’s Rules at Your Community Association Meetings?

If you’re a board member of a community association, it’s important that you familiarize yourself with and follow Robert’s Rules of Order. This article will give you some background information on the rules and how they relate to homeowner’s association (HOA) meetings.   Read the article………………………..

Records Retention & Records Retention Policies

Recently, a question came up on a national nonprofit list serve about how long various documents should be kept by an association, such as board meeting materials. Here was my response.  “Your question has both legal and political aspects. Since I don’t practice law in your state, I can’t say what specific language or practice […]

Pickleball Court Conversion Considerations to Avoid Placing Your Association in a Pickle (NC)

Homeowners associations are tasked with managing and overseeing the common areas of a neighborhood, which many times include recreational facilities such as tennis courts. In recent years, pickleball, a game that is a mixture of tennis, ping pong, and badminton, has grown in popularity, and residential developers are now regularly including pickleball courts as an […]

Leaving the Nest: Healthy Community Association Transition (NC)

North Carolina Community associations are typically developed by private developers that plan the community, build the infrastructure and improvements, develop the lots, and organize the property owners or community associations.   Read the article………………………..

Are HOA Home Daycares Allowed?

An HOA home daycare can be very convenient, especially for parents living in the community. But, not everyone agrees with a daycare operating out of the HOA, and some might even question whether it is allowed.   Read the article………………………..

The Purpose of Assessments: What Is an Appropriate Use of Association Funds?

We are often asked what an association can or cannot spend their money on. In fact, this blog was inspired by a request from one of our regular readers. Associations are tasked with performing various community functions based on the requirements of their particular governing documents and state statute. You will often hear us say […]

Digital Decision Making: Community Association Board of Directors Can Conduct Business Electronically

In recent years, as work, entertainment, and socializing have migrated online, community association governance is following suit. Traditional face-to-face meetings do not always offer the same convenience and accessibility as digital communication technologies. There are several electronic platforms that Boards have begun utilizing, such as Messenger, Zoom, Microsoft Teams, Slack, and even WhatsApp, just to […]

Top Declaration Amendments for an HOA or Condo in North Carolina & South Carolina

We are often asked by board members for HOA and condominium associations to review their community’s documents and “update” them or “make them more modern.” While there is no one-size fits all solution for any community association, we have noticed that some amendments are a good idea for most communities.     Read the article………………………..

Data Security In HOAs: How Is Homeowner Information Protected?

Data privacy is a widely discussed topic among planned communities and condominiums today. But, is an HOA legally required to protect member information? How do you strike the right balance between records inspection and data security in HOAs?   Read the article………………………..

Top Declaration Amendments for an HOA or Condo in North Carolina & South Carolina – Part Three

We are often asked by board members for HOA and condominium associations to review their community’s documents and “update” them or “make them more modern.” While there is no one-size fits all solution for any community association, we have noticed that some declaration amendments are a good idea for most communities.   Read the article………………………..

When ABC, Inc. Buys the House Next Door and Next Door and Well, You Get the Idea

Scott D. Weiss, Esq. of Ortale Kelley Law Firm in Nashville, Tennessee, focused his lens at the Community Associations Institute’s (“CAI”) Annual Law Seminar on a relatively new phenomenon that is fast becoming one of the most important issues for community associations nationwide: the challenges presented by corporate investors owning large portfolios of properties in […]

Is Putting Up A Cell Tower In Your HOA Community A Good Thing?

A cell site is vital in ensuring strong and reliable cellular service. Sometimes, a cell company will want to construct a cell tower in HOA communities. What should homeowners associations do when presented with this opportunity?     Read the article………………………..

What Can Members Vote on at an HOA or Condo Membership Meeting?

A question came up during a recent online discussion about “what members can do at an HOA or condo membership meeting?” Specifically, the questioner wondered if a member could seek recognition and unexpectedly make a motion to “make the association do most anything.”  Read the article………………………..

Best Practices for Board Meeting Minutes (NC)

A question came up during a recent online discussion about “best practices” for board meeting minutes. The answer to questions of what should (or should not) be included in minutes is more complicated than it seems.   Read the article………………………..

How to Get the Most out of Living in a Community Association

Living in a community association can be a great experience. Still, it’s important to remember that there are rules and regulations to ensure everyone enjoys their time living there. In this article, we’ll discuss ways to get the most out of your community, get involved in community events, and get to know your neighbors.   Read […]

Can, or Should, My Community Association Prohibit “Group Homes”? (NC)

With the passage of federal and State laws protecting disabled individuals, we see a societal push away from institutionalized living arrangements and towards community based, group home settings. This firm is frequently asked how, or if, an association can prohibit these group living arrangements within their community.   Read the article………………………..

When 2 Minus 1 Still Equals 2: Combining Lots in a Planned Community (NC)

Owners of adjoining lots in subdivisions often decide to combine them for a variety of reasons. But, in a planned community governed by an owners’ association, the owner may have to obtain consent to combine lots, and a lot combination may not have the desired effect. Moreover, combining lots may affect an owner’s compliance with […]

Beware of Procedural Pitfalls in HOA Foreclosures

Most community associations already know the Planned Community Act allows them to place a lien on a delinquent homeowner’s property and foreclose on that interest.   Read the article………………………..

Beware of Procedural Pitfalls in HOA Foreclosures (NC)

Most community associations already know the Planned Community Act allows them to place a lien on a delinquent homeowner’s property and foreclose on that interest.  But to do so, associations must comply strictly with the statute governing that process.    Read the article………………………..

HOA Backyard Rules: What Can And Can’t Homeowners Do

When it comes to HOA communities, rules are normal. That is why homeowners living in these communities, as well as buyers who are still considering purchasing a home in these communities, should familiarize themselves with the rules of the association. These include HOA backyard rules.   Read the article………………………..

Upset Community Association Members? Here’s What to Do (NC)

Board members often face complaints from property owners about things that aren’t against the community’s rules. This can be difficult for the board to handle because they may not be able to help resolve the issue. In this blog post, we will discuss some things board members can do when they receive complaints about something […]

What to Do With Your HOA’s Budget Surplus (NC)

Community associations are usually incorporated as not-for-profit corporate entities; therefore, an association’s goal is to avoid making a profit or loss at the end of the year. Though it isn’t common, community associations can sometimes end the year with a budget surplus. Board members must be careful when handling the situation because a misstep could […]

HOA/Condo Rental Restrictions & Institutional Investors (NC)

Requests for amendments to declarations tend to go in waves. Twenty years ago many associations were concerned about certain categories of sex offenders living in their communities. For several years now, the declaration amendment our firm most often gets asked about has to do with rental restrictions.   Read the article………………………..

What Is An HOA Executive Session?

Members of the homeowners association board will sometimes meet in executive session to discuss important but confidential matters. But, are executive sessions allowed in all states? And can homeowners attend these sessions?   Read the article………………………..

New Announcement by HUD Means More Options for Flood Insurance

All community association boards want to be good stewards of the funds collected from their homeowners. Sometimes, when finances are tight, a board has to face hard choices about how to reduce costs. That might mean reducing services or even deferring needed maintenance for a period of time where that maintenance is not essential to […]

Yes, Owners of a Restricted Lot Can Be Fined for THEIR TENANT’S Violations of Covenants! (NC)

With the appreciating residential real estate market, rental homes are becoming an increasingly common feature in residential neighborhoods subject to restrictive covenants. Restrictive covenants will typically have a few main types of provisions that lot owners opt into when purchasing their restricted lots—architectural standards, obligations to pay assessments to a homeowners’ association, provisions outlining the […]

Best Practices For Homeowner Association Directors and Boards (NC)

Community associations are governed by a board of directors, which is typically comprised of volunteers from the community who are elected by their fellow owners. The board of directors manages the corporate affairs of the association, and as a result, it can often become a lightning rod for dissatisfied owners. This can lead to individual […]

Why HOA Board Member Education Matters

Community association (sometimes called a homeowner’s association or HOA) board members are responsible for making critical decisions that affect their community members’ lives. In order to make informed decisions, board members need to be educated on a wide variety of topics related to community associations.   Read the article………………………..

CAI Scores Amicus Win in North Carolina Foreclosure Case

The Supreme Court of North Carolina unanimously determined that a condominium has the power of sale for foreclosure for nonpayment of an assessment given the plain language of the North Carolina Condominium Act of 1985 and the condominium association’s declaration. The court reversed the decision of the North Carolina Court of Appeals and remanded the […]