Architectural rules and guidelines can be a tricky topic to navigate for board members and committees charged with leading community associations. In order to properly govern their communities, those serving on boards or architectural review committees (ARCs) must have a thorough understanding of their associations’ governing documents, the enforceability of rules pertaining to architectural requests, […]
Political Season is Upon Us: Guidance for Navigating Political Sign Display in Community Associations (NC)
With Presidential, Senate, and House elections less than thirty days away, political signs are popping up in yards everywhere. Many community associations have restrictions in their governing documents prohibiting or limiting the display of political signs, including the size, number, and time period of display. However, those community associations without such restrictions are searching for […]
Claims of Lien For Community Associations: How to Effectively Utilize them to Compel Payment (NC)
Many community association managers know that a lien can be placed on a delinquent owner’s lot as a method of securing repayment of assessments. Read the article……………………………….
What’s The Real Deal About Police Vehicles In An HOA Community? (NC)
Over the years, there has been a lot of debate over the presence of law enforcement vehicles inside homeowners associations. Some residential communities have covenants that prohibit such vehicles from being parked on the streets of their neighborhood. What does the law have to say about this? Here’s the real deal about police vehicles in […]
Flags and Political Signs in North Carolina HOAs
With the nation preparing for elections in November, community associations are finding themselves in the crosshairs of a debate over when and how free speech may be exercised by residents in their communities. Impassioned residents want to express their opinions through signs, flags, bumper stickers, t-shirts and even sidewalk chalk decorations, and they may run […]
Want To Be An Amazing Neighbor? Five Ways To Start (And Some Things To Avoid) (NC)
With Americans spending more time at home than ever these days, being a good neighbor is of the utmost importance. Sure, not many people are actively trying to be bad neighbors, but if you sit down and think about it, do your daily habits exude neighborliness? Now that we’re seeing a lot more of the […]
Reopening Gyms and Fitness Centers in North Carolina’s Phase 2.5: Three Steps to Consider
North Carolina’s “Phase 2.5” allows gyms, fitness centers, and exercise facilities to reopen their doors, so long as they comply with the requirements of North Carolina Executive Order #163. The order’s broad language in defining fitness facilities means that this reopening applies to homeowners associations and condominiums just as much as any other gym or […]
Reserve Studies: Preparing Your Community Association For The Future (NC)
Reserve studies are essential to ensuring the financial security of community associations. When conducted properly, they aid in preparing associations for large future repairs and create a timeline so that the membership will have the appropriate funds allocated for such repairs. But what exactly is a reserve study? Read the article…………………………….
New Robert’s Rules of Order
For organizations that follow Robert’s Rules of Order, most tend to use the newest edition. That’s because either a state or federal law or the governing documents refer not to a specific numbered edition, but to the latest edition. For instance, two North Carolina state statutes (NCGS § 47F-3-108 & 47C-3-108) provide that as to […]
HOA Lifeguard: Is It A Necessity Or Liability? (NC)
When it comes to HOA pool safety, a common question often comes to mind: “Is having an HOA lifeguard necessary?” The answer, unfortunately, isn’t as simple as yes or no. There are many things to consider when making a decision. Read the article…………………………..
Communicating In A Crisis: Part 2 – The Content Of Communication Pieces And How To Avoid Creating Further Issues (NC)
In Part 1 of Communicating in a Crisis, we discussed ways community association board members can define a crisis, how they should prepare crisis communications, who should put forth these communications and by what means they should be distributed. With those topics covered, we now must move on to perhaps the most important part of […]
Top 5 Myths and Misconceptions About Operating Neighborhood Pools During Phase II (NC)
With summer in full swing, North Carolinians are looking for ways to beat the heat safely while navigating COVID-19 social distancing protocols. On May 20, 2020, Governor Cooper issued Executive Order No. 141 that allowed neighborhood pools in North Carolina to operate during Phase 2, as long as the homeowners association (HOA) complies with certain […]
Call of [Fiduciary] Duty: How Good Faith, Due Care, and Loyalty Guide Community Associations’ Boards (NC)
Nearly 30 percent of North Carolina’s population lives in a community association of some sort, be that a condominium or single-family community. Yet, confusion among the general population about the nature of community associations is pervasive, and that confusion extends to the understanding about the actual duties of the volunteer directors who serve their community […]
Is Recording HOA Board Meetings Legal? (NC)
With almost everyone owning a smartphone, it doesn’t take much to record HOA board meetings. The question is: Is it legal to do so? There is no straightforward answer. It will depend on the HOA’s board and governing documents, as well as state laws. To gain a better understanding, here’s what you need to know […]
New Appellate Case May Impact Townhome Exterior Repairs (NC)
Today (August 4, 2020), the NC Court of Appeals issued an opinion that could impact townhome exterior repairs. The case is Shearon Farms Townhome Owners Ass’n II, Inc. v. Shearon Farms Dev., LLC. Shearon is a “published” case, which means the holding is binding on other parties with similar facts. Read the article……………………………….
Communicating In A Crisis: Part 1 – Defining A Crisis And Preparing Communication
In our July “Ask the Experts” webinar, we heard from Attorney Morgan Bryant of McCabe, Trotter & Beverly, P.C. on Communicating in a Crisis. Though this topic is particularly relevant in today’s environment, it is one that is always of special importance to board members as it touches on communications not only surrounding Covid-19, but […]
Your HOA Got Served: Now What?
The unfortunate reality for many community associations and their boards of directors is that at some point in their existence they will be sued. Read the article………………………………
How to Hold a North Carolina HOA or Condo Virtual Membership Meeting
Normally (as in not during a pandemic), virtual membership meetings of homeowner and condominium associations are not permitted. As noted in this Coronavirus, Flu, and HOA/Condo Association Meetings article, members usually have two options for making decisions outside of meetings: (1) “action by written (unanimous) consent,” and (2) “action by written ballot.” In addition, for […]
Updated NC Condominium Act (47C)
The NC General Assembly in 2020 has made a number of changes to the North Carolina Condominium Act (NCGS 47C). All of the updated statutes have been signed by the Governor and are now in effect. Read the article………………………………
Everything You Should Know About HOA Committees (NC)
Every homeowners association can benefit from the creation of HOA committees, but the process of assembling one requires much more than sheer willpower. Before you can form a committee, you must first understand the types as well as their individual roles. Read the article…………………………
Bad Faith Expert Testimony in Coverage Litigation
Most lawyers trying bad faith cases want to introduce expert testimony to support their claims or defenses. Under Daubert, however, “bad faith” expert testimony is not always admitted. This article addresses when this type of testimony will be admitted and when it will be limited or excluded. Read the article……………………………..
New Law Offers Important Protection to NC Pool Operators
House Bill 902 was signed into law by Governor Cooper on July 2, 2020 and grants some limitations on liability for privately owned swimming pool operators who open their pools during the COVID-19 pandemic. The Bill applies to community pools owned by private entities, such as apartment complexes, homeowners associations and condominium associations, and protects […]
Gov. Cooper signs bills into law (NC)
North Carolina Gov. Roy Cooper on Tuesday signed 12 bills into law………inc. Condominium Association Changes Read the bill (PDF)……………………………
How To Deal With Trespassing In HOA Community (NC)
Believe it or not, trespassing in HOA communities is a common point of concern. Whether the situation involves the HOA entering a homeowner’s property or a homeowner entering community property, it is important for any association to know how to handle this issue. Failure to do so can result in serious consequences for both parties. […]
NC Community Association Legislative Update – June 24, 2020
Like most everything else in 2020, this year’s legislative session has not been typical. This is the second legislative year of the 2019-2020 Session. Normally, some of the bills that survived “crossover” in 2019 would be tweaked and considered, but new significant legislation is not all that common in the second year of a session. Due […]
HOA Board vs HOA Management Company Responsibilities
In a homeowners association, the board and the management company must work together to run the community. Yet, it is equally important to know the difference in roles and responsibilities between the HOA board vs HOA management company. Read the article……………………………..
HOA Pest Infestation: Who Pays For Pest Control? (NC)
An HOA pest infestation is a pesky problem that many associations encounter. When faced with such an issue, it is important for your HOA board to know how to manage it properly. Yet, one question commonly remains, “Who must shoulder the cost of pest exterminations?” Read the article……………………………..
Heavy Is the Head That Wears the Crown: Board of Director Authority in a Community Association (NC)
The Board of Directors for a Community Association functions in a very similar capacity as the Board of a standard corporation. Approximately 95% of all decisions to be made on behalf of a Community Association will be made by its Board of Directors. Read the article…………………………….
Are Group Homes In HOA Communities Allowed? (NC)
Group homes in HOA communities have seen a surge in popularity in recent years. And homeowners associations from across the country are scrambling to learn how to deal with them. Read the article……………………………
Can Your Association Require A Survey as Part of the Architectural Process? (NC)
For some property owners, the Coronavirus pandemic has been an opportunity to spend some meaningful time at home working on long neglected projects. This could mean finishing up a landscaping plan, cleaning out a natural area, or finally getting around to building a fence. As owners go about these tasks, it is inevitable that some […]
Economic and Financial Uncertainty: How a Homeowners Association Can Protect Itself
Sadly, the pandemic seems as though it will cause (or already has caused, depending on who you ask) a devastating impact on our local and national economies, and individuals’ financial stability. In times like these, bankruptcy filings may become more common for those trying to recover from long stretches out of work, layoffs, reduced cash […]
Stay Out of My Tiki Hut! Court of Appeals Explores Extent of Access Easements in Recent Case (NC)
The North Carolina Court of Appeals issued an entertaining decision in Sea Watch at Kure Beach Homeowners’ Association v. Fiorentino in November 2019. In this case, a developer of a seaside residential community had reserved an access easement across a homeowner’s lot, Lot 6, for other residents to access the beach. Read the article……………………………..
New Architectural Review Decision from the Court of Appeals: Martin v. The Landfall Council of Associations, Inc. (NC)
The NC Court of Appeals issued a new architectural review committee decision this morning, April 21, 2020, in Martin v. The Landfall Council of Associations, Inc. The case is an “unpublished” opinion from the NC Court of Appeals, which means the decision is not controlling legal authority and should not be cited in other cases. […]
The Role Of The Community Manager (NC)
Those living in communities with homeowners’ associations may sometimes wonder what exactly is the role of the community manager versus the role of the board of directors. Put simply, an HOA’s board of directors is akin to a municipality’s board of aldermen or commissioners and a community manager’s role is something like that of the […]
Things To Consider Before Renting In A Community Association (NC)
If you own a home in a homeowner’s association or condominium owner’s association and are thinking about renting it out, you probably know that there are several factors to consider before you ever take the first steps in looking for a tenant. Understanding your responsibilities and obligations will not only make the leasing experience more […]
Virus Q&A for your HOA; Cabarrus County Institutes Stay-At-Home Restrictions (NC)
On March 25 Cabarrus County instituted a stay-at-home order. Residents must stay home and may not report to work or engage in non-essential travel other than for supplies, food, exercise and health care. As with the Mecklenburg County order, many industries are deemed Essential and are thus exempt. Read the article…………………….
9 Ways To Increase HOA Cashflow Without Raising The Fees
A homeowners association thrives on assessments — fees regularly charged to residents of the community. It is the main source of income for any HOA. But, what if they’re not enough to cover all the expenses? Is there a way to increase HOA cashflow without raising dues? Read the article………………………
Renewing Your Association’s Insurance Policies (NC)
One of the most complex issues faced by HOA boards of directors is securing appropriate insurance coverage for the association. A number of factors go into determining what types of policies are needed, what can and should be covered by those policies, the amount of coverage needed and how to obtain the best rates possible. […]
When a Condominium Falls Down (NC)
Eventually, gravity and time will prevail over concrete, steel, wood, and glass. The risks associated with that life span are captured well in transactions related to single-family homes and commercial structures, where investors, lenders, buyers, and tenants attribute value to improvements based on their remaining service life. In the multi-owner regime of a condominium, however, […]
Annual Budget Preparations For Your Association (NC)
Those serving on HOA boards need to have a keen understanding of how essential a balanced budget is to the success of their associations. Drafting and ratifying a budget can often seem like a daunting task for board members. However, if the proper steps are followed and all prudent information is taken into consideration, budgeting […]
What Is the Responsibility of Homeowner and Condominium Associations with the Coronavirus? (NC)
Since our blog last week on The Coronavirus, Flu, and HOA/Condo Association Meetings, there has been an increase in U.S. Coronavirus cases, including one death in Washington state. That has led to a number of questions from association boards to the effect of: “Thanks for the blog, but tell us what we should DO to […]
HOA Pet Policy: Rules That Come With Owning A Pet (NC)
One of the top issues that HOAs face is related to residents and their pets. Usually, it is highly recommended to have a clear HOA pet policy to avoid a lack of compliance from residents and irritation from other residents who do not want pets in the community. If your HOA is considering a new […]
Homeowner associations can be tricky (NC)
I have heard from folks in condo associations and communities where one or two properties have made life insufferable for the rest of the community. In my opinion, every community or condo association have those feel a need to mandate, influence or control. Minimizing the impact of these detractors seems to be the key in […]
What to Do When You Have Problem Neighbors
What To Do When You Have Problem NeighborsThere’s nothing worse than problem neighbors. After long days at work, we just want to come home and relax; when our neighbors disturb our peace it can be especially challenging. Before you hire a lawyer or list your house for sale, there are a few strategies you can […]
When Your Association Should Consider A Buydown Policy (NC)
Insurance coverage is one of the many important aspects of managing and protecting community assets that HOA boards of directors must keep in mind. If associations are faced with large deductibles, one option to consider is a buydown deductible policy. Buydown insurance policies can sometimes prove to be a great benefit to homeowner’s associations depending […]
The Attorney-Client Privilege and Community Associations (NC/SC)
As our community association clients settle into a new year and new issues, many boards with new members find themselves with questions or confusion about the attorney-client privilege. Because this privilege is complicated but incredibly important, we thought it would be helpful to go over the basics and how boards can and should preserve the […]
What To Do If There Are Insufficient Reserve Funds
What are reserve funds and what are they used for? Reserve funds are broken down into capital and non-capital expenses; capital would be replacing a roof; non-capital would be painting. These are IRS terms really, but for HOAs reserves are in general a savings account saving up to take care of long-term repairs and replacement […]
How to Prepare Your HOA for Natural Disasters & the Benefits of HOA Natural Disaster Preparation
One issue that is very important for HOAs to consider is how their community can prepare for a natural disaster. HOAs that fail to put these protocols in place can subject themselves to legal liabilities in the future. If your HOA has not prepared a natural disaster plan or is looking to update it, it […]
Obligation to Pay Assessments (NC/SC)
Homeowner dues (“assessments” by statute) are the lifeblood of an association. Most all HOAs and condominium are nonprofits. That is, community associations are not designed to make money; they are designed to pay the association’s bills. Associations basically act as agents for collections by other entities—water, garbage, electricity, landscaping. The funds collected are not kept […]
How To Increase Homeowner Participation In Your Community
Homeowners can often have differing views of their community associations — some positive, some negative — depending on their source of information and experiences in the community. New homeowners that buy a home that has an HOA may not fully understand the positive impact the association can have on their experience living in that particular […]