Every community should become aware of their local police programs and encourage involvement. And what better way to do that than to host your own National Night Out event? Read the entire article……………………………….
Privacy and Data Security for HOAs: What Your Community Association Needs to Know (NC)
Privacy and Data Security is the body of law that addresses how an organization can collect, handle, and use personally identifiable information and how that information needs to be protected. Read the entire article……………………………….
HOA And Local Police: Strengthening Relationships
Security is a chief concern among residents of a homeowners association. And one of the ways you can facilitate better security in your community is to cultivate a strong relationship between your HOA and local police. Read the entire article……………………………….
Should HOA or Condo Bylaws Be Recorded? (NC)
We were recently asked whether bylaws amendments should be filed with the local Register of Deeds. The answer, like many things community association related, depends. Read the entire article……………………………….
Community Association Records: What Members Are And Aren’t Entitled To See (NC)
As a community association board member, you’ve likely received requests from members to see various association documents. Though these requests can seem simple on the surface, there are laws and statutes in both North and South Carolina that dictate what types of records members can and cannot see. Read the entire article……………………………….
New NC Appellate Case: Williams v Reardon (Covenants and Real Property Marketable Title Act – Part 2
The North Carolina Court of Appeals has once again determined that restrictive covenants are largely extinguished by operation of the Real Property Marketable Title Act (N.C. Gen. Stat. 47B-1 et seq.) if not included in the chain of title in the preceding thirty years. Read the entire article……………………………….
9 Top HOA Budget Planning Mistakes The Board Should Know (NC)
The HOA budget is a critical tool for financial success. But, so many things can go wrong right from the planning phase of your annual budget. Learn how to avoid the most costly HOA budget planning mistakes below. Read the entire article……………………………….
When it Rains, it May Pour on Your Homeowners Association (NC)
It seems like it rained most all of this past winter. It rained for 4 days straight as this post was being written, and regardless of your beliefs regarding climate change, it is a fact that we in the Carolinas have had more than our fair share of rain over the last few years. Read […]
“Batten Down the Hatches: Named Storm-Preparedness for Community Associations” (NC)
If this season is anything like the last, community associations are in for another year of rough, windy seas. According to the National Oceanic and Atmospheric Administration (“NOAA”), the 2020 season broke records. It featured 30 named storms, including 12 storms that made landfall in the continental United States, and of those 30, 13 developed […]
NC Appellate Case: Executive Office Park of Durham Association, Inc. v Rock (Older Condo Collections)
Today, Tuesday, May 18, 2021, the NC Court of Appeals issued its decision in Executive Office Park of Durham Association, Inc. v. Rock. The decision may impact collections in older condominiums, and is a “published” decision. That means the decision is controlling legal authority and can be cited in other cases. Read the entire article……………………………….
C Investments 2, LLC v Auger (Covenants and Real Property Marketable Title Act) (NC)
Today, Tuesday, May 18, 2021, the NC Court of Appeals issued its decision in C Investments 2, LLC v Auger. The decision may impact restrictions in planned communities based on the Marketable Title Act, and is a “published” decision. That means the decision is controlling legal authority and can be cited in other cases. Read […]
NC Appellate Case: Belmont Association, Inc. v. Farwig (Solar Panels/ARC)
Today, Tuesday, May 18, 2021, the NC Court of Appeals issued its decision in Belmont Association, Inc. v. Farwig (the first appellate review of North Carolina’s solar law!). The decision may impact the installation of solar panels in planned communities, and is a “published” decision. That means the decision is controlling legal authority and can […]
What Is a Majority Vote? (NC)
Like many things association related, the answer can vary by state and by association. That’s because some state statutes or governing documents define majority differently (“a majority of the entire membership” or “a majority of members present”). Read the entire article……………………………….
NC Community Association Legislative Update – May 14, 2021
Like everything else during this past year of COVID, the legislative process has also been different. Usually by now in the first year of a new session of the General Assembly, a number of bills that could affect North Carolina HOAs and condominiums would have been introduced. Some would move forward, and some not. In […]
What Can Our Homeowners Association Do about Criminal Activity?
After almost twenty years of representing homeowners associations and condominium associations, it continues to surprise me when homeowners look to their association to investigate or even punish for criminal activity that occurs in the community. Read the entire article……………………………….
(Likely Final) NC Extension of Order Allowing Virtual Membership Meetings
The NC Executive Order allowing electronic membership meetings (Executive Order #198) was set to expire today, Monday, May 10. That Order has now been extended by Executive Order #212 through Tuesday, June 1, 2021. Read the entire article……………………………….
HOA Pool Season 2021: Best Practices And Preparation (NC)
The HOA pool season is just around the corner. With that in mind, board members must prepare ahead of time to ensure everything is working smoothly. Read the entire article……………………………….
Thinking Of Amending Your HOA Documents? Here’s How (NC/SC)
In a recent “Ask the Experts” webinar, Attorneys Hope Carmichael and Nute Thompson of Jordan Price, PLLC, discussed some best practices for board members to employ when it becomes necessary to adopt rules or amend covenants/bylaws in their communities. In this article, we’ll discuss cultural trends and shifts that may require rule changes, the differences […]
Your Guide To North Carolina HOA Laws
Much like any type of organization, homeowners associations in North Carolina are bound by certain laws. As a member of your HOA board, it is imperative to familiarize yourself with these North Carolina HOA laws to better protect your community. Read the entire article……………………………….
What Do You Mean I Can’t Place the List of Delinquent Homeowners on the Clubhouse Door? (NC)
Whether you are a board member or a property manager for a community association (“Association”), you have probably dealt with owners that fail to pay their assessments, and whose accounts need to be referred for collection. Read the entire article……………………………….
Significant Flood Insurance Changes On the Way (NC)
If you or your association are required (or wish) to have flood insurance, big changes are coming. For years, the National Flood Insurance Program (NFIP) has looked at ways to better charge specific properties for their specific risks. At present, flood insurance rates are mostly based on a property’s location and elevation. That may not […]
HOA Security Cameras: Maintaining Security And Privacy
HOA security cameras can help give residents peace of mind, but they can also be a source of conflict in the community. Thus, it is important to understand the legalities and intricacies of installing such cameras, whether you are a part of the HOA board or just a regular member. Read the article……………………………………
To Open (or Not Open) HOA and Condo Pools in North and South Carolina
One of the most frequent questions we receive is whether it is “OK,” “allowed,” or “legal” for homeowners associations or condominiums to open their pool this spring. Every community is different and boards of directors will have to make the decision to open based on several factors, including the type of community, whether that community […]
Being Threatened With Legal Action? What Community Association Board Members Can Do To Protect Themselves (NC)
For homeowner association volunteers, a very real concern is the possibility of legal threats that may be levelled against the board. In a recent “Ask the Experts” webinar, Attorney Chris Gelwicks provided information on what community association board members should do when faced with threats of litigation from homeowners. Though these threats may be considered […]
Serving on Your Community Association’s ARC, ACC, or ARB? Take Note to Whom Your Fiduciary Duties Are Owed (NC)
Through their declaration of covenants, conditions, and restrictions – commonly referred to as the “declaration” for short – homeowners’ associations commonly specify an approval procedure for homeowners to follow and complete prior to making such modifications. This process is often described in declarations as “architectural review.” Examples of modifications often subject to architectural review include […]
NC Executive Order Increases Attendance at Association Meetings
The Governor’s latest Executive Order, EO No. 195 issued this week, really isn’t about nonprofit corporations or homeowner and condominium associations. The Executive Order is instead aimed at easing COVID-19 restrictions on businesses, including restaurants and bars. However, there is one section that may be of interest to North Carolina HOAs and condos. Read the […]
It’s No Big Deal, Until It Is: Why Vendor Contracts Matter for Community Associations (NC)
A key role of most community associations is to engage contractors, service providers, and vendors (all together, “vendors”) to assist the community with its everyday needs. Read the article……………………………………
Snow and Ice Removal in HOAs and Condos (NC)
HOA and condo associations are generally obligated to reasonably maintain the common areas within the association. This often includes any private roads within the community, as well as parking lots, walkways, and sidewalks. In townhome communities, the common areas may also include driveways. In condominiums, the common area will include almost everything outside of the […]
How To Make An HOA Candidate Statement For Board Nominations (NC)
Every homeowners association goes through board elections, but not all communities have the same exact procedures. One thing that remains common in most associations, though, is the need for an HOA candidate statement. Read the article………………………………..
Special Meetings in NC & SC Homeowners Associations and Condominiums
Community associations (homeowners associations and condominiums) hold several different types of membership meetings. Most will hold an annual meeting at which typical agenda items are common: reviewing or ratifying a budget, electing new members to the board of directors, and other regular business. Sometimes the governing documents for the association will specify the exact date […]
Does a Virtual Membership Meeting Keep Minutes? (NC)
We’ve recently been asked if there should be minutes of a North Carolina association membership meeting held virtually pursuant to the Governor‘s temporary Executive Order. The short and best answer is “yes.” Why? Most all North Carolina homeowner and condominium associations are incorporated nonprofits. The NC Nonprofit Corporation Act provides that “minutes of all membership […]
7 Crucial Items to Include in Your HOA Annual Checkup
Every new year comes with its own set of challenges. And while 2020 was particularly difficult due to the COVID-19 pandemic, 2021 brings hope for homeowners associations. Start the new year right by administering an HOA annual checkup. Read the article…………………………………………
Differences Between Virtual and In-Person Large Annual Meetings or Conventions (NC)
At this point, the genie of virtual meetings is out of the bottle. And likely not to go back in. While it was inevitable that electronic meetings would become more commonplace, the pandemic has instantly made everyone fairly expert at Zoom, GotoMeeting, Microsoft Teams, and other virtual platforms. Read the article……………………………….
HOA Bylaws and CC&Rs: What’s The Difference? (NC)
What is the difference between HOA bylaws and covenants? Many people incorrectly use these terms interchangeably, and even those who are no strangers to HOA living sometimes get them confused. The difference, though, is night and day. Read the article……………………………
Who is the Declarant? And Why Does it Matter? (NC)
When the developer declares land to restrictions described in a “Declaration” for a planned community or a condominium, that developer has the opportunity to reserve certain rights to itself as the “Declarant.” Although there is no requirement that the developer reserve such declarant rights, it is common practice to do so and very unusual for […]
8 Questions To Ask When Choosing A Professional Community Management Company
One of the most important responsibilities a community association’s board of directors can be faced with is selecting a professional management company. Choosing a management company is somewhat like an interview process – your board needs to know what kind of experience the company has, what kinds of services they offer, who they have on […]
Can Our Community Association Still Hold its Annual Meeting? (NC)
For many community associations, the first quarter of the year signals the time to notice and hold annual meetings of their membership. However, because of the COVID-19 pandemic, a restriction on “mass gatherings” is in place in North Carolina. North Carolina Governor Cooper’s most recent restriction on mass gatherings, as provided for in Executive Order 181, […]
New NC Executive Order Extends Ability to Hold Electronic Membership Meetings
As one of the last Executive Orders issued in 2020, Governor Cooper has extended the ability of North Carolina associations (including HOAs and condos) to hold virtual membership meetings. Read the article……………………………….
The Cloudy Future: What New Statutory Trends Concerning Marijuana Means for Associations (NC)
In a historic first, the United States House of Representatives voted on legislation this year that, if passed by the Senate, would de-schedule marijuana from the Controlled Substances Act. Read the article…………………………………
The FHA, ADA, & Community Associations: What Boards Need To Know (Part 2) (NC)
In a recent article, we began our discussion of the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) as they relate to community associations. A large part of understanding the FHA and ADA is knowing who they protect, the provisions of those protections and what housing providers such as homeowner’s associations must […]
HOA Holiday Decorations: What Rules To Enforce? (NC)
The holidays are just around the corner, which means residents are getting ready to decorate homes once again. For homeowners associations, though, it’s necessary to have rules in place about which HOA holiday decorations are allowed. Read the article……………………………….
Budget Ratification: Understanding the Ghost of Budgets PAST When Preparing for the Future (NC)
As we reflect on the unprecedented past year, many of us begin to look forward and think, “What’s next?” With a 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 […]
HOA Conflict Of Interest: Identifying And Resolving Them (NC)
It is not uncommon to have an HOA conflict of interest in any given association board. The important thing is to learn how to distinguish them and subsequently come to a resolution. Read the article………………………………
The FHA, ADA, And Community Associations: What Boards Need To Know (NC)
The Fair Housing Act (FHA) was created to ensure that Americans receive equal treatment when seeking housing and thereby made it illegal to discriminate against people based upon certain protected classes. Closely related to the FHA, the Americans with Disabilities Act (ADA) was created to ensure that those with disabilities are afforded equal access to […]
HOA & Condo Holiday and Seasonal Decorations: How to Regulate Without Being a Scrooge!
It is that time of year again. The time when families (especially this year) need a little festive spirit in their lives. As such, many homeowners begin to decorate their homes for the holidays. These decorations can range from a wreath on the door to a Griswold style light show with a ten foot tall […]
Three Primary Responsibilities Of Your HOA’s Board Of Directors (NC)
If you own property in a community association, you’ve probably had some form of contact with your community’s board of directors. And, while you may have a general grasp of the role the board plays, it is important to understand the main functions of a community association’s board of directors (and committees). Boards and committees […]
The Role of the Community Association Attorney
People often view Community Associations as simple collections of rule-obsessed homeowners that do little more than debate the color of the flowers under the monument signs leading into the community. But at their best, Community Associations are the epitome of the concept of a neighborhood—a like-minded group that comes together to live under a shared […]
The Most Common HOA Complaints And How To Deal With Them
Homeowner association complaints are common in any planned community. However, not all of them are directed to the board or the association. Most of the time, homeowners’ complaints are directed towards their neighbors or other members of the community. While neighbor disputes do not always involve or require action from the association, it’s still important […]
Lessons Learned from Large Virtual Conventions, Representative Assemblies, and Houses of Delegates
During the COVID-19 pandemic, virtual meeting such as Zoom and GoToMeetings have been invaluable for allowing people to interact face-to-face online. However, as helpful as virtual meetings can be for smaller groups, large gatherings of hundreds or more pose different problems. That’s particularly the case for very large conventions, representative assemblies, houses of delegates, and […]
HOA Collections And The Fair Debt Collection Practices Act
HOA dues collection can be a chore, which is why many HOAs turn to third parties for assistance. When it comes to collecting dues, though, it is important to stay compliant with the federal Fair Debt Collection Practices Act. Read the article…………………………………