How you handle your HOA reserve funds really makes a difference in the successful running of your association. The quality of the strategic planning of your homeowners association can actually make or break your community. It’s also really important to the longevity and future investments of your association. Read the article…………….
Need Help for Bank “Zombie Foreclosures” in Homeowner & Condominium Associations?
A huge problem for HOA and condo associations over the past 5 years has been “zombie foreclosures.” That’s where a bank starts the foreclosure process on a property and the owner moves out, but then the bank doesn’t complete the foreclosure (no state law requires banks to complete foreclosure within a timeframe). We have seen […]
Is Your Association Facing Capital Or Large Deferred Maintenance Projects?
Most condominium and community association developments along the coast of North Carolina and South Carolina were created and developed beginning in the mid-1980s. Many of these associations are now approximately 30 years old and require large capital or deferred maintenance projects. Read the article…………
Does Your HOA Have a Strategic Plan?
The strategic plan for a homeowners association should act as an outline for the immediate future of projects and priorities, as well as an overview of the year’s budget and what future budgets might include. Regularly reviewing and updating your plan as circumstances change is important for the health of any homeowners association. Read the […]
Your Homeowners Association’s Governing Documents: Please Don’t Call Them Bylaws!
Our HOA Ninjas here at Moretz & Skufca have a little pet peeve when it comes to terminology: folks who refer to the governing documents for their community association as “the bylaws.” So (to borrow from Shakespeare) what’s in a name? Turns out that when it comes to homeowners association documents, names mean a lot. […]
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, break up the project to span several years, or get a loan. Read the […]
Trash Pickup Changes Harmful to Homeowners in Associations (NC)
The City of Charlotte’s next fiscal year draft budget proposes to stop trash service for multifamily units. Such a move would be exceptionally unfair to owners of townhomes and condominium, who pay property taxes like other homeowners. Read the article………….
5 Tips for a Successful HOA Neighborhood Watch
Crime is a concern and a risk in any homeowners association. But incorporating certain trusted systems, such as a neighborhood watch, can ensure that your community stays collectively alert and focused on safety. To both deter crime and increase safety, your association should consider setting up a neighborhood watch program. Here are some tips for […]
Some, But Not All: How the North Carolina Planned Community Act affects Pre-1999 Planned Communities
In 1999, the North Carolina General Assembly enacted the North Carolina Planned Community Act (“Act”) as Chapter 47F of the North Carolina General Statutes. The Act was intended to establish certain rights for property owners in planned communities, establish a framework of rules and regulations to govern planned communities, and grant owners’ associations the powers […]
Let it Snow, Let it Snow, Let it Snow (NC)
Many property owners’ associations across North Carolina are faced with the annual challenge of clearing snow and ice from the community’s roads, sidewalks, and other common areas. Assuming there is no specific guidance in the community’s governing documents, what is a property owners’ association’s responsibility for clearing snow and ice? Read the article…………
Tax Tips For Associations
The vast majority of condominium and community associations are nonprofit corporations, but even they have to file taxes. There are some tips your community association should follow when it comes to tax time. Read the article……….
When To Call In The Professionals To Advise Your Board
Common areas of a community are vitally important. Not only do they ensure a better quality of life for residents, they also help the resale value of properties. So it makes sense that two of the most important duties of any community’s volunteer board of directors are to manage the affairs of the association and […]
How to Save Your HOA Board Money Without Raising Owner Dues
Are you looking for ways to save money in your homeowners association? After necessary repairs and upkeep, it seems like there’s never enough dollars to get all the jobs done. Your fellow HOA board members all agree that a last resort is raising monthly dues, so instead, consider some of these unique ideas that both […]
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 not agree with every rule, they still must abide them or face the consequences. Rules […]
What Are the Best HOA Board Member Qualities?
It takes a certain golden combination of characteristics to be the most successful HOA board member. The best board member is reasonable, determined, thoughtful, and passionate about the role he or she plays. Read the article…………
What New Year’s Resolutions Will Your HOA Set?
It’s officially 2016, and everyone is thinking about what they want to change for the year ahead… and your homeowners association shouldn’t be an exception! Amidst the making of resolutions and goals for yourself in the new year, take some time to meet with your HOA board and discuss resolutions for your association in 2016. […]
Drone On – May I See Your Flight Registration Please?
On Monday, December 14, 2015, the Federal Aviation Administration (“FAA”) announced new rules impacting users of any small unmanned aircraft (“UAS”) (i.e., drones or unmanned aerial vehicles) ranging in weight between 0.55 pounds and 55 pounds. Read the article…………..
Increase Your HOA’s Curb Appeal With These 6 Tips
Staying up-to-date on home improvements is one of the best ways to visually attract new people to the homes in your homeowners association. However, it’s important to make sure you focus on interior and exterior improvements. Even if the community is beautifully maintained and decorated inside each unit, a rough exterior will have the best […]
How To Conduct An Organizational Board Meeting
Typically, the first order of business at an organizational meeting of the board of directors is the electing of officers. In the absence of a president, it may be acceptable to have a professional manager chair the meeting until the officers are elected. After a president is elected, that person is usually responsible for taking […]
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. Read the article…………
Recent North Carolina Court of Appeals Decision Serves as Reminder to Owners Associations
A recent decision by the North Carolina Court of Appeals serves as a reminder that owners associations must deal fairly with their members at all times and board members must not let past disputes or personal issues cloud their judgment, or they could pay a hefty cost. Read the article………
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 about the community they live in, you’ll also want to have an understanding of guidelines […]
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 for. Read the article………….
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 accounting types mid-year is not a good solution—you would be left with a headache of […]
Eye on the Elderly
Associations are being forced to learn how to handle aging residents who can no longer care for themselves and may be a danger to others. At what point should a community step in to help? Read the article……….
Can an HOA Change Its Mind about Fines?
A rather unusual community association decision was issued yesterday by the North Carolina Court of Appeals. Without question, the facts are rather convoluted and not of that much interest to other associations, but there’s one takeaway worth noting. Read the article…………..
Communities That Lack Reserve Fund Studies Face Uncertain Futures
In my last article I shared my disbelief that there isn’t a law requiring property owners associations to conduct reserve fund studies. Managing an association without a reserve fund study is akin to flying a plane without instruments, piloting a boat without a rudder, or driving a car with no brakes. Read the article…………
No Class Certification in Case Alleging Condominium Association and Management Company Charged Excessive Fees (NC)
The North Carolina Court of Appeals recently decided a case involving several homeowners’ claims that their condominium association, through its management company, was charging excessively high fees and late charges that were not permitted by the condominium’s governing documents. We want to point out that these were simply allegations – the only part of this […]
Common Legal Terms in Governing Documents
Community association CC&Rs and Bylaws contain numerous legal terms. Some of those terms have common meanings, others have very specific and legal meaning. Here is a list of common legal terms, along with plain English definitions Read the article…………
The best board members are reluctant heroes with heart
Bilbo is an everyday hobbit with no intention of being great; yet along the way we find that it’s his simple, calm approach to unimaginable situations and his thoughtful demeanor that make the difference between the success and failure for Middle Earth. The best board members are very much in the same classification as Bilbo […]
6 Ways to Change the Attitude of Apathy in Your Community
Here are six steps your board can take to lead your community through the stagnant fog of apathy: Read the article……….
How to Order a Community Entrance Sign, or Any Other Signs (NC)
Signage is an important part of the impression created when someone visits your community. It’s the first thing residents see when they enter. It’s also the first thing that prospective home buyers see when they are considering buying a home there. Read the article…………..
New Model for Discrimination Analysis in Homeowners Associations?—Recent Supreme Court Decision May Affect the Way Homeowners Associations Make Decisions
The Fair Housing Act (“FHA”) prohibits discrimination based on race, color, religion, sex, national origin, disability, or familial status. For years, homeowners association boards of directors have been mindful of the FHA’s requirements and taken care that board decisions do not discriminate against any of these protected classes. Read the article……………
Running a Darn Good Meeting – What You Need to Know About Parliamentary Procedure
Legal counsel to community associations must be aware of parliamentary procedure basics. Numerous states have adopted statutes requiring associations to follow a specific parliamentary manual in association meetings. Even without such a mandate, courts generally hold that all organizations are subject to the principles and rules of common parliamentary law. In other words, all of these organizations must observe proper […]
Does Your Property Insurance Cover Water Damage?
Insurance policies are designed to cover sudden and accidental events, and not cover repeated ongoing damage that occurs over weeks, months or years. The same holds true for water damage claims. Leaky pipes, leaky roofs and wind-driven rain are all examples of repeated damages and are not due to a sudden and accidental event. Read […]
Budget Preparations Don’t Have To Be An Annual Headache
It’s that time of year when board members and financial committee members convene to start the annual budget preparation for their property owners associations. Setting a budget can be an intimidating, time-consuming ordeal. Our goal in this article is to offer some insight and a list of best practices that have facilitated our success. Read […]
Fed court in FDCPA and (NC)DCA case may disregard findings of fact made by state foreclosure court
Attorneys representing a homeowners’ association in foreclosure proceedings filed as a result of the homeowner’s failure to pay monthly assessments may not rely on the completed foreclosure proceedings in their motion to dismiss a federal complaint filed by the former homeowner alleging violations of the FDCPA and NCDCA (North Carolina’s version of the federal FDCPA), […]
Is The New Clean Water Rule A Cleaner Way To Predict Federal Jurisdiction Over Property Or Does It Just Muddy The Waters?
On August 28, 2015, a new rule issued by the United States Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) became effective. The new rule is intended to redefine the term “waters of the United States” in an attempt to clarify what waters are protected under the 1972 Clean Water Act […]
Who should be HOA’s registered agent?
Q: I am the president of a large residential homeowners association (“HOA”) in North Carolina, and a professional management company manages our HOA. Our board of directors has been asked to approve a change in our Registered Agent (and the Registered Office) from a North Carolina law firm to our community manager and his office. […]
Navigating Local, Federal Laws Can Be Challenging For Property Owners Associations
One of the chief complaints I hear from potential clients is that it’s a confusing, time-consuming chore to ensure their property owners association is in full compliance with local, state and federal regulations. This is never a surprise considering the many nuances related to subjects such as governing documents, recorded plat maps, design guidelines, and […]
Use of Technology by Community Associations
Technology makes most of our lives easier, and so it makes sense that community associations would choose to employ certain technological advances in the performance of their obligations. There are many possibilities for the use of technology in community associations. Two of the most common uses are community websites and electronic voting, both of which […]
Planning and Enforcing a Successful Collections Policy
As economic conditions struggle to improve, many community associations (“Associations”) face the continuing challenge of chasing payment from a number of delinquent members. In light of these present conditions, formulating and sticking to a sound collections policy can be important. Read the article………….
I Really Don’t Like My Neighbor’s Tenants
It is an all too common situation, especially in coastal communities, mountain retreats, and college towns: You bought a home in a planned community that has a homeowners’ association with thoughts of being able to enjoy a quiet, family-oriented neighborhood. Then you find that your community’s amenities are being overrun with transient tenants and their […]
Does Your Property Owners Association Need Workers’ Compensation Insurance? YES!
The North Carolina Workers’ Compensation Act (“Act”) requires all employers with three or more employees to carry workers’ compensation insurance. The purpose of this requirement is to ensure that employees injured by an accident while working have a safety net to cover lost wages and medical expenses. Read the article……….
Post-Bankruptcy Condominium and Planned Community Assessments: Are They Discharged?
Condominiums and planned communities in North Carolina are created by recording a Declaration in the county or counties where the condominium or planned community is located. A recorded Declaration imposes certain obligations on the part of owners, typically including the duty to pay dues and assessments (“Assessments”) to a property owners association (“POA”) for the […]
Emotional Support Animals and HOA “No Pet” Policies
It’s common to see a variety of disabled people with service animals to help them. However, more and more people who suffer from emotional conditions are getting emotional support animals. Like service animals, these animals are not subject to the same rules as traditional pets, so even if a neighborhood prohibits pets, these emotional support […]
Ensure Your Residents Pay Their Dues with Credit Reporting (NC)
“Dues are an important part of living in an HOA because the money is used to keep the HOA funded. However, many homeowners fall behind on their dues and need a powerful reminder. Credit reporting is a great way to get your residents to pay their late dues. Read the article……….
Can HOAs allow golf carts? It depends…… (NC)
With summer winding down you may have noticed that recreational golf carts are not an uncommon sight on neighborhood roads in Charlotte and the surrounding areas. Just this past May an urban legend was born when a golf cart from Quail Hollow Country Club mysteriously appeared at Selwyn Pub – more than five miles from […]