Insufficient Insurance Costs Association LOTS!!! (NC)

A 50-unit association with multiple buildings had a fire in Building Five in December of 2018. The interior and exterior repairs were estimated at about $1.4 million. Insurance proceeds were only $933,000, meaning there were insufficient proceeds of about $500,000 to make the needed repairs.   Read the article………………………..

Obligation to Pay HOA Dues Survives Even the Strangest Circumstances

As community association attorneys, we hear all sorts of reasons from homeowners to explain why they haven’t paid their assessments. These usually include legitimate explanations such as illnesses like COVID, job loss, or other hardships.  Some homeowners are more creative. One owner recently told our office that the presence of “entities” in the home was […]

Community Associations May Have a Duty to Address Neighbor-to-Neighbor Discrimination

Community associations have historically been able to stay largely uninvolved in neighbor-to-neighbor disputes unless the conduct complained of violated the governing documents of the association. If no governing documents were being violated, the neighbors would be expected to work out the issues among themselves. Now, there is an important step for association boards and managers […]

HOA Pool Fencing: Does Your Community Pool Need It?

While a homeowners association’s primary goal is to preserve property values, the safety of residents should also be a priority. That means taking the necessary steps to ensure that common areas and amenities are as safe as they can possibly be. When it comes to community pools, HOAs should consider putting up proper fencing.   Read […]

Chickens and Covenants (NC)

The Kittingers moved into the Sleepy Hollow Subdivision in 2016, a planned community, and kept four hens in a coop located in their backyard. At the time, Sleepy Hollow had a restrictive covenant in place which specifically stated:  “No animals, livestock or poultry of any kind shall be raised, bred or kept on the building […]

Is Your Association Required to Confront the Bully?

These days, it seems like there’s no such thing as a minor disagreement. Normally, owner-to-owner disagreements between neighbors in a homeowners’ association or condominium association fall outside of the association’s authority or jurisdiction, but not necessarily when the disagreement reveals a more-sinister motive: discrimination.   Read the article………………………..

What are Accessory Dwelling Units, and How Do They Affect Planned Communities? (NC)

he housing market is continuously in flux. New housing products, designs, and concepts are constantly entering neighborhoods and forcing Americans to rethink what community living means and looks like. Accessory Dwelling Units (“ADU”) are nothing new. The concept has been around for some time. Think the mother-in-law suite built behind the principal structure or potentially […]

Robert’s Rules of Order & Sturgis Motions “Cheat Sheets”

This year saw the publication of my two new books on proper meeting procedure, Robert’s Rules of Order Fast Track and Notes and Comments on Robert’s Rules, Fifth Edition. With the publication of these books (based on the new 12th Edition of Robert’s), I’ve been asked if there are updated “cheat sheets” to the motions […]

How to Use Social Media in Community Associations

Community associations are finding more and more value in using social media to connect with their residents. It can be a great way to share photos from community events, announce upcoming events, and give residents a way to interact with each other online. However, social media is also Pandora’s box;   Read the article………………………..

Increasing Events of Extreme Rainfall and Flooding Cause Headaches for HOAs and Homeowners: Part II

A townhome community in Salisbury suffered unprecedented flooding rainfalls over the last two years. One townhome located in the community’s low-lying area sustained damage to the Foundation and other structural components, to the point that the structure was starting to settle. Like most townhome communities, the HOA only provides exterior maintenance on the townhomes. The […]

The NC Court of Appeals Lays an Egg: Bryan v. Kittinger

The NC Court of Appeals, in a published opinion (i.e., the opinion is binding precedent), got egg on its face in the case of Bryan v. Kittinger. The Court begins its opinion by citing a New York case: “The issue is, what is chicken?”  Read the article………………………..

Community Association Terms: Definitions and Explanations

If you’re like most people, you’ve probably seen community association terms and acronyms bandied about but don’t really know what they mean. Fear not! We’re here to help. This post will define some of community associations’ most common terms and acronyms. So, whether you’re a new homeowner or board member, read on to learn more!  […]

Tips to Conduct Virtual HOA Meetings

Virtual meeting have many benefits, including saving travel time and allowing members to participate who might not otherwise. But before you rush to hold your board or membership meeting electronically, check to make certain you can. State law or the governing documents need to authorize meeting remotely. It’s also important to understand how virtual gatherings […]

Rules for Age-Restricted Communities (NC)

Q: I live in a subdivision that was marketed as a 55+ community, but I cannot determine that the developer included any age restrictions in our Master Deed. If the developer did not include the “legal” requirements in the Master Deed or our CC&Rs, what can be done to be sure that our development meets […]

The Governing Documents of an HOA: What Boards and Owners Need to Know

Homeowners associations (HOAs) are a vital part of many neighborhoods as they provide benefits to their residents, including maintaining common areas, enforcing rules and regulations, and ensuring that the neighborhood remains aesthetically pleasing. For an HOA to deliver these benefits, it must have a set of governing documents.  Read the article………………………..

Should Towing In An HOA Community Be Allowed?

There may come a time when a board will decide that towing in an HOA is necessary to mitigate parking violations. But, is a homeowners association even allowed to tow vehicles?  Read the article………………………..

HOA Fines: How To Protect Homeowners From Increasing Fines (NC)

Part of living in a community managed by a homeowners association is following its rules and regulations. Communities have these rules in place to maintain the appeal of the neighborhood and keep property values high. As such, when a homeowner violates a rule, it’s only right for them to face certain repercussions.   Read the article………………………..

New Appellate Decision Related to Application of Insurance Proceeds in Older Condominiums (NC)

Earlier this week, the North Carolina Court of Appeals issued a decision in Grooms Property Management v. Muirfield Condominium Association. The case dealt with interpreting and applying insurance provisions in the declaration of an older condominium governed by the NC Unit Ownership Act, and determining the association’s obligation to purchase insurance and the application of […]

Vendor Selection for HOAs: What Board Members Need to Know (NC)

As a board member of a community association, you have a lot of responsibilities. One of the most important is ensuring that the association gets the best services possible at a reasonable price. This includes selecting qualified, licensed, and insured vendors (also called service providers) to provide services to the community    Read the article……………………..

Community Association Building Blocks – The Fair Housing Act and Emotional Support Animals [VIDEO]

The Federal Fair Housing Act (FHA) prohibits housing providers and their agents and governing bodies, such as Associations, from discriminating against a resident or potential resident, regardless of whether the resident or potential resident will be the owner or listed tenant of the housing unit because of the resident’s or potential resident’s disability.   Watch the […]

HOA Electric Vehicle Charging: Can Stations Be Installed In HOA Communities?

Electric vehicles are poised to grow in popularity over the following years as people shift towards a more energy-conscious mindset. But, unlike the traditional cars that run on gas, EVs are powered by electricity — and charging stations are not readily available everywhere. Hence, many owners are turning to HOA electric vehicle charging.     Read […]

Installation and Use of Solar Power Systems in North Carolina

If you live in North Carolina, you likely have read or heard stories about HOAs prohibiting members from installing solar panels on their properties or of members being sued by their HOA for doing so. But, can an HOA regulate and prohibit the installation and use of a residential solar power system upon private residential […]

AN UPDATE FROM US ON SOLAR PANELS IN NORTH CAROLINA

Recently, the Supreme Court of North Carolina handed down a decision (in Belmont Association, Inc. v. Farwig) which greatly affects the ability of planned communities to regulate the location and placement of solar panels on lots within the community. The ruling does not affect condominium communities created under Chapter 47A or Chapter 47C of the […]

Everything You Need to Know About Community Association Assessments

If you’re a homeowner in a community association, you’re probably familiar with assessments. But do you know everything about them? What do they cover? How are they calculated? When are they due? And what happens if there’s not enough money in the reserve fund to cover an unexpected major repair?   Read the article………………..

Should Fireworks In An HOA Be Allowed or Banned?

Fireworks are a Fourth of July staple. But, should the board allow fireworks in an HOA? Learn the ins and outs of enforcing rules on fireworks in a planned community.  Read the entire article……………………………….

NC Community Association Legislative Update – June 21, 2022

Due to other more pressing issues, several important bills impacting community associations were not addressed by the General Assembly in 2021. Those proposals have seen quick action this week, been adopted, and sent to the Governor for signature.   Read the entire article……………………………….

HOA Restrictive Covenants Impacts (NC)

The North Carolina Court of Appeals recently published an opinion in Bryan v. Kittinger that has the potential to impact how community associations, such as HOAs, can amend restrictive covenants. The Court also ruled on the types of animals that can be considered “household pets.”  Read the entire article……………………………….

The New Fannie Mae and Freddie Mac Condo Questionnaire

Fannie Mae & Freddie Mac are two of the biggest players in the mortgage market, particularly the secondary mortgage market, where mortgages are bought and sold after they have been originated. This article will look at a brief history of Fannie & Freddie and the new condominium questionnaire requirements. We will also go over some […]

Drone Surveillance in Community Associations

Ah, spring. Flowers are blooming, birds are chirping, and the sound of power saws, stone cutters and earth moving equipment fills the air. This country is in the midst of a construction boom, and more homeowners than ever before are undertaking home improvement projects. In community associations, these improvements usually require some type of architectural […]

The New Fannie Mae and Freddie Mac Condo Questionnaire

Fannie Mae & Freddie Mac are two of the biggest players in the mortgage market, particularly the secondary mortgage market, where mortgages are bought and sold after they have been originated. This article will look at a brief history of Fannie & Freddie and the new condominium questionnaire requirements.   Read the entire article……………………………….

HOA Restrictive Covenants Impacts (NC)

The North Carolina Court of Appeals recently published an opinion in Bryan v. Kittinger that has the potential to impact how community associations, such as HOAs, can amend restrictive covenants. The Court also ruled on the types of animals that can be considered “household pets.”   Read the entire article……………………………….

3 HOA Memorial Day Activities For The Community

Memorial Day is right around the corner. As with many homeowners associations, the federal holiday is a great time to plan a community event that will help bring residents together. But, what are some fun HOA Memorial Day activities?   Read the entire article……………………………….

Understanding Your Community’s Architectural Request Review Process

When you live in a community association, there are rules and regulations pertaining to the upkeep of the exterior of your property. But what if you’d like to make a change to your property, like paint your house or put up a new fence? That’s where the Architectural Review Committee (ARC) comes in. This group […]

The Importance of Emergency Planning for Community Associations

In the Carolinas, we are pretty familiar with natural disasters, particularly hurricanes. Though they arrive by sea, there have been many instances of them making their way inland and causing just as much, if not more, damage than they do in coastal cities.  Read the entire article……………………………….