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New Services Help Associations Thwart Unauthorized Short-Term Rentals

The problem of short-term rentals with the help of Airbnb and other similar websites in violation of community association rules has quickly become one of the most pressing issues facing associations today. Even though Airbnb, HomeAway and VRBO claim they

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Business Judgment Rules does not Apply to Unauthorized Acts

The South Carolina Supreme Court held that association board decisions must be evaluated individually to see if the business judgment rule applied, and the business judgment rule did not apply when the board acted beyond its authority. Although this case

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Should Your HOA Take Out a Loan?

What do you do if your homeowners association board is planning a big project but doesn’t have information saved in the reserves or operating budget for the entire cost? There are a few different options. You can collect special assessments,

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Discrimination Against College Students Legal?

A South Carolina court upheld a condominium restriction prohibiting rentals to college students. The ruling of a South Carolina court in not binding in Washington, but it demonstrates how a Washington court may decide a similar issue.   Read the article……….

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Tips for Enforcing HOA Rules Respectfully

Rules and regulations are part of the territory when it comes to running and living in an HOA community. These rules are what keep things running smoothly and protect the value and integrity of the neighborhood. While every homeowner might

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Drone Wars: South Carolina Drone Laws and Your Homeowners Association and Condominium Association

As highlighted in his recent blog post, Jim Slaughter of Rossabi Black Slaughter, P.A., noted the explosion of drone purchasing and use. This post is designed to supplement Jim’s summary of specific drone-related laws passed in North Carolina by providing

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Taming Your Fear of Speaking Up in HOA Board Meetings: 4 Tips

The fear of public speaking is one of the most common fears. And when you’re a member of an HOA board that often requires speaking up as part of your duties, overcoming this fear to can be scary and daunting.

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Why are HOA Assessments So Important?

Most homeowners understand that assessments are a regular part of homeowners association membership. However, some owners—and even board members—may not fully grasp the importance of assessment payments on the community. Assessments are a large part of member benefits and when

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How to Efficiently Address Open Comments In HOA Board Meetings

Law requires that a HOA board set aside open comment time for each member to speak with the board. While this a great feature to have in your Charlotte-area homeowners association because it gives each member a voice and opinion

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Do Your Board Meetings Include Proper Minutes?

During meetings for your homeowners association, the Minutes are what record all actions taken during the proceedings between members. This is a requirement with any homeowners association, and it’s important to be sure all important details are included and accounted

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What is the Best Accounting Method for Your HOA?

As an HOA board member, it can be difficult to determine which accounting method is appropriate for your community. If you choose the wrong type, you could be looking at added stress and problems down the road. And since switching

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For “At-Issue Waiver,” The Best Defense May Not Be An Affirmative Defense

As this blog has repeatedly documented, it can be hard for insurers to assert the attorney-client privilege in the context of bad faith litigation. One difficulty arises in states that enforce a presumption against the privilege in bad faith suits.

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Keeping HOA open meetings productive and on track

I am a big proponent of homeowners’ association (HOA) boards keeping their meetings open to members when possible. This promotes an atmosphere of transparency and gives homeowners an opportunity to see and understand how the HOA functions. It also helps

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Learning the ropes of an HOA

There is a great expression in our modern vernacular – “let no good deed go unpunished.”  As I have written many times, I truly love my neighborhood. One of the biggest changes I have to acclimate to every time I

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Subrogating Condominium Damage

Imagine opening the door to your condominium (“condo”) only to be confronted by several inches of standing water. The first call is to your insurance company, which must then consider not only mitigating, adjusting and paying the claim, but subrogating

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HOA MEETING RECORDINGS DO NOT NEED TO BE KEPT, BUT SHOULD THEY BE?

I write this blog in response to a question from one of my readers, a current association board treasurer and secretary who read my previous post about recorded meetings.  Scenario: The association holds an open meeting. The secretary (or any

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Government, federal court complicate HOA pool rules

Most swimming pools have a list of rules posted somewhere on the premises. We’ve all seen them. The rules contain common sense prohibitions against dangerous pool activities, such as having glass in the pool area and diving into the shallow

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Site plan is crucial for an association

The site plan is one of the four condominium instruments, along with the declaration, bylaws and floor plan. The importance of the site plan is because declarations and bylaws can be long. Very long. The difficulty of finding something in

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CAI Best Practices: Ethics

Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing”

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On Daufuskie (SC), additional erosion fix sought

For at least the third time since September, Daufuskie islanders are asking state regulators for permission to combat erosion on the eight-square-mile island between Tybee and Hilton Head islands.  Haig Point Club & Community Association plans to erect two new

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CAI’s Guide to FHA Certification

The U.S. Department of Housing and Urban Development (HUD) Federal Housing Administration (FHA) plays a major in role in housing finance through its Condominium Mortgage Insurance Program. FHA issued regulatory guidance to set standards condominium associations must meet for a

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Are You Being Reasonable, or Are You Harassing Your Association? It May Turn Expensive

Many homeowners are unhappy about the management of and/or by their community associations: They don’t give me financials on time. They don’t give me the documents I want. I don’t see where my dues are going. I wasn’t provided the

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Snake and Gator Warning (SC)

It is that time of year again when we see the reptiles coming out to soak up the sun. Please be cautious at all times.     Read more………

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From Good to Great: Principles for Community Association Success

Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core  principles. Good associations  preserve the character of  their communities, protect  property values and meet  the established expectations of homeowners. Great  associations also

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SC: Court sides with Del Webb, Pulte over Sun City residents

Del Webb Communities and Pulte Homes have notched a victory in the S.C. Court of Appeals over Sun City property owners.  Read More……

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Carolina Forest fire a lesson in importance of woodland neighborhoods always being prepared

Now that the smoke has cleared, county officials are looking for lessons to take away before the next disaster. And residents of not only Carolina Forest but other forested parts of Horry County are wondering what to do to help

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Amalgamation of separate corporate entities

In the recent Magnolia North POA v. Heritage Communities, Inc., the Property Owners Association (POA) sued Heritage Communities, Inc. (HCI), Heritage Magnolia North, Inc. (HMNI) and BuildStar Corporation (Buildstar) for construction defects at Magnolia North, a twenty-one building condominium complex

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SC: Fight for the rights of owners in HOAs

There is so much misunderstanding when it comes to homeowners associations but as yet we are still left with no help from the state. We still have no answers or recourse other than the high cost of obtaining one’s own

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Special Report: Your Home, Their Rules

Their case is one of hundreds of foreclosures filed since 1993 by homeowners associations in Charleston County for unpaid dues and assessments — some for as little as $332 — according to an analysis of the filings by the Charleston

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Hilton Head judge wins $6M in Sea Pines defamation lawsuit

jury awarded a Hilton Head Island judge more than $6 million in damages Wednesday in a defamation suit against Sea Pines’ security chief and its property owners association. The decision followed six days of testimony on Municipal Court Judge Maureen

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Introduction to Community Association Living

Community Volunteer Leadership Development Program Community volunteer leaders and members can maximize the benefits of community association living by better understanding the history, purpose, and function of community associations. One way to do so is by participating in the Center

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Governance Guidelines

There are basic expectations that apply to virtually any common-interest community. With this in mind, the Center for Community Association Volunteers developed the Community Association Governance Guidelines – 12 principles that can help association board members increase harmony, reduce conflict

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Rights & Responsibilities for Better Communities

More than a destination at the end of the day, a community is a place people want to call home and where they feel at home. This goal is best achieved when homeowners, non-owner residents and association leaders recognize and

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Community Association Fundamentals

Each common-interest community has its own history, personality, attributes and challenges, but all associations share common characteristics and core principles. CAI developed the Community Association Fundamentals to foster a better conceptual understanding of how associations function and the roles of

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Model Code of Ethics for Community Association Board Members

This model code of ethics is not meant to address every potential ethical dilemma encountered by a community association board member, but is offered as a basic framework that can be modified and adopted by any common-interest community.    Read

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So Now You’re On the Board

The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant

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