Something beautiful is starting to rise from the ashes of the terrible fire that destroyed eight condos in southeast Charlotte right before Christmas. One of the survivors, Dianne Esan, tells Channel 9 the kindness of neighbors is helping her family take their first steps forward. Read the article………………..
Statesville neighbors battle massive sinkhole (NC)
Neighbors in Statesville have been dealing with a massive sinkhole for months, and it’s only getting worse. The sinkhole is now about ten feet wide and at least 15 feet deep. Read the article………………..
Developer charged Wilmington residents thousands for HOA that doesn’t really exist. So, where’s the money? (NC)
Telesis is a for-profit developer that specializes in public-private housing projects; through its management company, Telesis allegedly charged residents of Wilmington’s Jervay Communities tens of thousands of dollars in HOA fees, but never formed a proper HOA with resident board members, meetings, or transparency on how the fees were being spent. Read the article………………….
Water supply for Clyde subdivision threatened (NC)
Several dozen homeowners got a minor reprieve at the Clyde Board of Aldermen meeting last week after the deadline suspending water service was relaxed. The town board had previously notified the homeowners on Maple Knolls Circle that the road had deteriorated to the point that portions of the town’s water line buried beneath the road […]
Beyond an HOA: How, and why, some Homeowners Associations became towns (NC)
When homeowners associations can’t do it all, sometimes, homeowners help their developments become actual towns. Homeowners associations can manage most of the same services local governments do. Through fees and fines, they maintain streets, provide amenities, and contract out services outside their purview. But what happens when homeowners associations give rise to actual governments? It’s […]
Frustration grows along with sinkhole in Denver neighborhood (NC)
The sinkhole on Hickory Creek Dr. in Denver continues to get bigger, and as a result, the county removed a makeshift bridge that was out here before the snowstorm began. According to what the county told FOX 46 on Tuesday, it’s going to be left that way for a while. Read the article…………………
Does Your HOA Have To Plow Your Snow? (NC)
Some agreements include snow maintenance, road maintenance and landscaping, but the problem is, most HOA agreements aren’t very specific. Read the article………………….
’Fair housing’ creates challenge to remove aggressive neighborhood dog (NC)
In the Chapman house, four-legged friends are part of the family. Like their dog Bailee. “He loved his walks,” Jennifer Chapman says. But on a recent walk, they say Bailey was attacked by the Rottweiler across the street. He didn’t survive. “I immediately tried to pull him, and started screaming,” Chapman says. “[The dog] went […]
Demver neighbors frustrated by massive sinkhole, lack of options (NC)
Flyers will be posted in a Denver neighborhood on Tuesday asking neighbors to park their cars on the opposite side of their street because of a massive sinkhole. Emergency crews say they aren’t sure if the emergency bridge and what’s underneath can withstand coming rain. Read the article……………….
Town sues Carolina Shores POA for liens on lots (NC)
The town of Carolina Shores has filed a lawsuit against the Carolina Shores Property Owners Association claiming the POA illegally placed liens on two town-owned lots. The action filed Oct. 16 in Brunswick County Superior Court states a lien in the amount of $395 plus costs was placed July 5 for an unpaid 2018 assessment […]
Durham man moves political sign inside after $100 a day fine threat (NC)
John O’Brien and his wife had three political signs in their front yard, but moved one of the signs inside their house after the property management company hired by the homeowners association threatened him with a fine. “They sent us a letter threatening us with a hundred dollar a day fees if we didn’t take […]
Holly Ridge in Candler gets new water supply with help of trust (NC)
In a shared mission to provide and protect safe water resources, Xylem Inc. and the Water Well Trust (WWT) partnered to solve critical water well disrepair in Candler, North Carolina’s Holly Ridge subdivision. After five months of developing and executing a solution for the rural community, the two organizations completed the project in July, restoring […]
Wild hogs taking over a northwest-side neighborhood causing thousands in damages (TX)
A northwest-side neighborhood has a hog problem. Wild hogs are tearing up yards and causing thousands of dollars in damages to many of the homes. Read the article………………
Suit: Buck Mountain POA road funds improperly spent (NC)
A lawsuit alleges wrongdoing with a new emergency road between the Buck Mountain subdivision and U.S. 421 West in Purlear and seeks a court order blocking use of the development’s property owners’ association (POA) funds on the road. Buck Mountain property owners Brian Holland of Wilkes County, Harry Brizuela of Dade County, Fla., and John […]
Residents of Sago Bay community dealing with flooding aftermath (NC)
In Southeastern North Carolina, we have been enjoying mostly sunny skies with minimal rain the past few weeks, but some residents in New Hanover County are still dealing with the aftermath of heavy July rains. “While there is no water in our yard, it still is behind our fence and it has nowhere to go,” […]
HOA Disputes Could Be Decreased Through Owner Education (NC)
Horror stories abound of homeowners’ associations nitpicking over paint colors, dinging people for landscaping choices they never submitted for approval – even fining property owners to the point of bankruptcy. Read the article………………
Concord HOA admits residents’ cars shouldn’t have been towed (NC)
Residents at Moss Creek Townhomes in Concord couldn’t believe it when they walked outside Friday and saw their vehicles had been removed. At least eight cars were towed after the homeowners association began enforcing parking rules put in place earlier this year. No one was given any warning about vehicles being towed in front of […]
Woman ‘makes’ own handicapped parking space in Charlotte neighborhood (NC)
It’s not something you see every day. A neighbor contacted FOX 46 after someone took it upon themselves to spray paint this handicap symbol in a parking space by her home. “That’s a new one, but I have seen a lot of bizarre things,” said Julia Sain, the Executive Director of Disability Rights and Resources. […]
Northeast Charlotte neighborhood riddled with sinkholes, homeowners must pay to fix (NC)
Dangerous sinkholes and crumbling roads are plaguing a neighborhood in northeast Charlotte. Many families on fixed incomes live in the neighborhood and are being told they have to pay thousands of dollars to fix the problem. Read the article………………
Engineering firm paid $42,400 to study its own stormwater ponds after repeated Leland flooding (NC)
The town of Leland paid an engineering company thousands of dollars to study flooding resulting from a project that same company had engineered. It’s a potential conflict of interest that has some questioning the results of the study. After persistent flooding issues developed around Magnolia Greens in Leland, the town paid Cape Fear Engineering $42,400 […]
Court dismisses majority of Mystic Lands claims (NC)
Mystic Lands property owners may have prevailed in court over one issue a few weeks ago, but a majority of the other claims against developer Ami Shinitzky have previously been dismissed. Read the article…………………
Mystic Lands property owners win lawsuit (NC)
A Swain County jury sat patiently listening for seven weeks as a room full of lawyers introduced over 400 exhibits, examined and cross examined numerous witnesses and pored over thousands of emails trying to get to the bottom of a dispute between a developer and property owners. It was anyone’s guess how the jury would […]
The Top HOA Management Issues Caused By Lack of Communication
Whether it be between board members, between residents and the board, or between the HOA and vendors, a lack of communication can cause a myriad of problems within the community. Here are the top HOA management issues that are caused by a lack of communication, the likely reasons for this deficiency, and how HOAs can […]
Ask SAM: HOA Questions
Q: Can an existing neighborhood start a home owners association and require all residents to pay annual dues? What percentage of the residents have to agree to have an HOA? Read the Q&A…………..
Ask SAM: Do HOA boards whose terms have expired count?
Q: The terms of the board members of our home owners association have all expired — three in January of 2016 and the remaining two this past January. The board did hold a meeting in 2016 attempting to re-elect three expired members. That effort was unsuccessful because there weren’t enough homeowners to provide a legal […]
NC Community Association Legislative Update – Community Association Property Management Act
While most NC General Assembly bill filing deadlines have passed, legislation considered appropriations or finance can be filed through next week. A bill introduced yesterday would, if adopted, significantly impact North Carolina’s HOA/condo associations as well as community managers. Read the article………………..
NC Community Association Legislative Update – April 19, 2017
Several important legislative deadlines have passed in recent weeks. Tuesday, April 4 marked the NC Senate deadline for filing public bills and resolutions. Tuesday, April 11 marked the NC House deadline for filing public bills and resolutions (other than appropriations or finance bills). While there are a still a few ways for bills impacting HOAs […]
NC Community Association Legislative Update – Fidelity Coverage & Audits
While there are still several weeks for legislative proposals to be introduced in the General Assembly, one bill introduced yesterday (March 29) would directly impact North Carolina condominium and homeowner associations: Senate Bill 491: HOA/Condo Crime & Fidelity Insurance Policies filed by Sen. Norman Sanderson (Carteret, Craven, Pamlico). Read the article…………..
To Pay or Not to Pay. . .
Q: I live in a subdivision with recorded deed restrictions that address the use of the property, but the restrictions have no provisions for the establishment of an HOA, maintenance assessments, dues, or fines. The developers recorded a letter of authority to the HOA that states that the homeowners “may” join the HOA […]
What Roles Do Owners, Boards And Committees Play Within Community Associations?
There are various opinions on the role of community and condominium associations. But, generally speaking, the main purpose and authority of the association are to maintain common elements and ensure compliance with the association’s governing documents. Property owner associations typically operate with three bodies of community governance: Read the article…………..
Editorial: A merrier Christmas for area HOAs (NC)
It has seemed like little mystery that the owner of a Garner-based HOA management company would eventually be charged with crimes involving the embezzlement of funds from HOAs. But last week’s news that Diana Kelly had been charged with 25 counts of embezzlement must surely have come as good news during this holiday season for […]
Failure to Hold Formal Board Votes Dooms Two Charlotte HOAs (NC)
There are times in the practice of homeowners’ association law when courts make rulings with which we as attorneys disagree but where an underlying principle or best practice is affirmed. A prime example is the N.C. Court of Appeals’ opinion of November 1, 2016 in the case of Willowmere Community Association Inc. and Nottingham Owner’s […]
Bah humbug! You’ll be arrested for climbing this HOA’s Christmas tree (NC)
The cheerful looking note – adorned by a cartoon Christmas tree – was sent to home owners with a less than cheerful headline: “The annual request to stay off and out of the tree.” What followed was a friendly holiday threat from the Baxter Community Home Owners Association in Fort Mill, S.C, to its thousands […]
Ask SAM: HOA financial records
Q: I belong to a Home Owners Association where we are charged $150 monthly dues. I used to get detailed financial reports and monthly meeting minutes by email. In the last few months, with a new HOA board, it has been difficult to get the financial reports. Shouldn’t we, as the homeowners, have a right […]
Figure Eight Homeowner Won’t Budge (NC)
The Figure Eight homeowners’ association’s board of directors is awaiting approval of a federal permit to build a 1,500-foot-long rock groin across the tip of island’s north end. The permit application was filed in late June after the Army Corps of Engineers released a final environmental study on the proposed project. The public had until […]
My descent into HOA hell in North Carolina
North Carolina has well over 63,000 Homeowners Associations, and almost everyone who has lived being regulated by one probably has a story to tell. Many of the stories are not nice ones. Living in an HOA community gives you access to amenities that most families cannot afford on their own. Those amenities come at a […]
Condo Association says runoff damage is not result of development (NC)
The Condominium Association has released the results of a runoff complaint investigation. In March of 2016, Walter Robertson told News 13 runoff from for Appeldoorn Condominiums had severely damaged his backyard on High Meadow Road. Read the article………….
How to Handle Campaign Signs in Your Community
When summertime hits, more people are outside enjoying the temperatures as they start to heat up. But that’s not the only area that’s getting fiery: summertime means elections are right on the horizon. And that means a high possibility of campaign signs. Read the article………….
Toxaway Association Put ‘On Notice’ (NC)
The Lake Toxaway Homeowners Association (LTHA) has been sent a certified “Notice of Violation” from the N.C. Department of Environmental Quality for failing to maintain stream flow standards (dam). Read the article…………..
‘I’m gonna lose everything’: Asheville (NC) man says water runoff comes from condos
A man who lives in the Shiloh community says runoff from a condo development has severely damaged his backyard. “I’ve been out here thirty years,” Walter Robertson said, who’s a retired APD officer and Vietnam veteran. “This is the damage here,” he pointed. The man whose resume commands respect said he hasn’t gotten any from […]
Should HOAs limit the number of rentals allowed?
Q: Would you speak to the wisdom (or lack thereof) of my homeowners’ association amending its restrictive covenants to add a provision limiting the number of homes that can be owned by one individual or one entity? What are the legal issues in doing this other than following the method outlined in the covenants for […]
Can my neighbor fly his drone over my home?
Q. I live in a single-family homeowners’ association in North Carolina and recently saw one of my neighbors flying a drone with a camera attached above my property. Can’t my HOA regulate this? Read the Q&A…………
Ask SAM: Do homeowners have the right to see how association dues are spent?
Q: I belong to a Home Owners Association where we are charged $150 monthly dues. I used to get detailed financial reports and monthly meeting minutes by email. In the last few months, with a new HOA board, it has been difficult to get the financial reports. Shouldn’t we, as the homeowners, have a right […]
Tax time for HOAs? (NC)
As the year draws to a close, many of us are engaging in year-end tax planning for ourselves and our businesses. Since homeowners associations are almost always non-profits, HOA board members and managers may think that tax planning for HOAs is not necessary. While most HOAs won’t owe taxes, there are still tax-related issues to […]
HOA boards should be reasonable with fines
Q. I just learned my association has been assessing fines against me for what it claims to be a violation of my neighborhood’s rules. Although I received a letter informing me of the alleged violation several months ago, I have heard nothing else since and I had no idea that I was being fined. How […]
Get legal help limiting rentals amid condo units
Q. We live in a small patio home development (37 units) that has a homeowners’ association (HOA). Other than a statement that the homeowner is responsible for all requirements in our restrictive covenants, there is no statement in the restrictive covenants themselves that specifies the number of units that can be rented. Read the […]
How to collect delinquent HOA dues
Q: I am the treasurer of an HOA and need advice. We are a small community of 85 homes. We had an attorney when we took over from the developer. We also had a management company. Since neither one was responding to us in a way that we felt was appropriate, we have taken over […]
Residents concerned over flooding and waste from water flushing
Some residents around Masonboro Harbor are concerned about water flushing in their area, after a maintenance issue had a fire hydrant gushing water all weekend. Flushing is a year-round procedure where water is forced through pipes at high speeds, flushing out of fire hydrants to remove mineral sediments to ensure quality drinking water. Read […]
Second Community Association Bill Signed into Law (NC)
The bill concerns details in the early stages of a condominium. The NC Condominium Act previously required that funds for the purchase or reservation of a condominium unit following a public offering statement had to immediately be deposited in a trust or escrow account Read the article…………