There is no question that properly maintained trees are an asset to a home and community. Generally speaking, the HOA or condominium board’s primary responsibility is to maintain trees that are located in common areas; however, the association may have language in the covenants or landscape policy that adds additional responsibilities. Without proper communication and […]
Legislative Update: Transfer of Special Declarant Rights Bill Adopted (NC)
HB 330, which was originally sponsored by Representatives Rob Bryan (Mecklenburg), Paul “Skip” Stam (Wake), Tom Murry (Wake), and John Szoka (Cumberland), was intended to clarify language in the Planned Community Act as to the transfer of special declarant rights. Read more……..
Unanimous Consent: Good Presiding Officers Use It!
Sure, you can use formal procedure to handle routine, noncontroversial matters in board and membership meetings. But why would you? Read more…….
Updated North Carolina Planned Community Act (47F) and North Carolina Condominium Act (47C) Statutes
The 2013 North Carolina General Assembly adopted several significant amendments that impact owners in homeowner associations and condominium associations. For more details, see these past blog posts: Read more……..
Drafting Enforceable Restrictive Covenants
“Restrictive Covenants.” Hearing that phrase has made homeowners and their respective Boards of Directors cringe since the beginning of time. Everyone who has ever lived in a Homeowner’s Association is familiar with the idea that there are certain things you may and may not do with your property. If not, you might want to check […]
What should be included in HOA board minutes? (NC)
What should be included in the minutes of a board meeting? Does every item on the agenda have to be addressed in the minutes? Read more…….
Taking Minutes Whose Job Is It And Why?
The responsibility to take minutes of meetings of the association or its board is typically that of the secretary. Specific responsibilities of directors serving on an association’s board are most often stated in the by-laws of the association. Read more………
Homeowners Rights to Review Financial Records of the HOA
Simply put, homeowners should have access to appropriate association books and records, and association boards must allow homeowners access to appropriate community records, when requested. Read more………
Spring Showers Bring Summer Weeds – How to Achieve Homeowner Compliance in Your HOA
Now that summer is here, many HOAs and their members are dusting off the grill, repairing the lawn mower and opening the pool to the summer crowds. Spring and summer bring new life to HOAs but also bring new problems in making sure members keep lots up to the HOA’s standards. Read more………
Shaming the Debtor? No… Shame on the Creditor/Collector!
Person owes you a debt and refuses to pay. You call the person and send letters and emails but they merit no response. So you have an idea….what if you can shame the person into paying? Yeah…that’s the ticket. Post the person’s name and the amount owed in places where you know that third persons […]
Some Guidance for New HOA Board Members
When you first learn that you will be serving as a new member of your community’s board of directors, you are likely to be offered either congratulations or condolences; what you are not likely to be offered is much in the way of guidance for your new “job”. Read more……..
Consensus Building for Community Associations
Community association board members and managers are responsible for carrying out business that protects literally millions of dollars worth of real estate. Daily problems arise that range in magnitude and importance, but all require sound business judgment to resolve. Many times what is also required is the cooperation or consensus of association residents comprised of […]
Don’t Let Your Boat Slip…”Slip” Away! (NC)
Boat slips are a big deal. More people want more access to beautiful coastal waters. However, there is less and less available space for boat slips. So, they can now cost big bucks. It’s small wonder they can dramatically increase the value of land to which they are attached. Boat slip use arrangements are frequently […]
Warrender v. Gull Harbor Yacht Club, Inc (NC)
Although restrictive covenants only allow the defendant-yacht club to rent out boat slips until those slips are needed by property owners, since there was no indication that any property owner had requested access to one of the leased boat slips, the yacht club’s 99-year leases of the slips did not violate the restrictive covenants.
North Carolina Case Law Update: Community Covenants’ Impact on Club Operations
This decision illustrates the importance of reviewing and considering the impact of restrictive covenants on operations of a club or marina before acquiring or restructuring it. The Court ruled on a number of issues related to the restrictive covenants in a residential community in litigation between the yacht club in the community and the lot […]
North Carolina Case Law Update: Community Covenants’ Impact on Club Operations
This decision illustrates the importance of reviewing and considering the impact of restrictive covenants on operations of a club or marina before acquiring or restructuring it. The Court ruled on a number of issues related to the restrictive covenants in a residential community in litigation between the yacht club in the community and the lot […]
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 cultivate a true sense of community, promote active homeowner involvement and create a culture of […]
Homeowners Association Tips: Noise Disputes
One of the most persistent and difficult issues landlords, managers and community associations must face are noise disputes. They can be quite difficult to resolve since they cause much unrest and issues with the people involved. If the association acts fast though, the problem could be solved effectively and quietly without things being dragged into […]
(NC) About the New Required Notice of Voluntary Prelitigation Mediation for HOA and Condominium Disputes
All HOAs and condominium associations in North Carolina now have the legal duty to inform all members at least yearly that they have the right to request voluntary mediation of any dispute with the association, except for disputes regarding payment of dues or assessments. Either party can decline to engage in mediation. This requirement took […]
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 number of your responsibilities. The checklists will apply to virtually any association. To use them, […]