The owner of more than 12 wooded acres on Crab Point Bay that was set aside for conservation in 2003 has filed a civil case in Carteret County Superior Court seeking to remove deed restrictions on the property to allow the land to be sold and developed. Read the article………………………
5 Habits of Highly Effective Community Association Managers
A good community association manager is essential to a smoothly-run HOA. While technically not part of the board of directors, they work closely with the board in all aspects of the association’s operation. The specific responsibilities of community managers often vary from company to company and community to community. These responsibilities can run the gamut […]
What Every Condominium Association Needs to Know About Security Deposits
Lately Eisinger, Brown, Lewis, Frankel & Chaiet, P.A has had to resolve many disputes relating to security deposits collected by our Condominium Associations from tenants who rent from individual unit owners. It is standard procedure for many Associations, if the authority to do so appears in their declaration or bylaws, to require a security deposit […]
Installing Solar Panels When You’re Part of an HOA (NC)
Living in a Homeowners Association (HOA) community has many perks. Neighborhoods are managed through rules and regulations in order to maintain or raise property values. Generally, whenever a homeowner wants to make changes to their existing home, they need to get approval from their HOA. Yet, with solar panel installation in North Carolina, it’s not […]
Does Your Board Meeting Need a Parliamentarian?
n large association membership meetings or conventions, it is common to find someone serving as parliamentarian (whether a member or outside credentialed professional). A question often asked, though, is: “Does our board meeting need a parliamentarian?” (For purposes of full disclosure, I’m an attorney, Certified Professional Parliamentarian, Professional Registered Parliamentarian, past President of the American […]
They Are Taking Our Common Area! (NC)
The power of eminent domain, also referred to as condemnation, refers to the power of the government or other quasi-governmental entity, such as a utility company, to take private property for a public purpose. The law requires “just compensation” to be paid when a taking occurs. What happens, however, when the property taken is common […]
Architectural Review Within Your Community Association (NC)
Want to give the exterior of your home a fresh new look… in your favorite shade of pink? If you live in a community association, chances are you can’t break out the paint cans just yet. Homeowners and property owners associations (POAs) in neighborhoods and condo communities typically include in their covenants a set of […]
Mediation: What Is It and Why Do It?
Mediation is often confused with arbitration. They have similarities, including that both are overseen by third-party neutrals that do not have financial stakes in the outcomes. The key difference is that while arbitration results in the neutral evaluating the outcome (which typically is binding, but by agreement can be non-binding), while in mediation the third-party […]
HOA Board Roles and Responsibilities
It is common knowledge that homeowner associations have a board of directors, but the exact roles and responsibilities of the board are often misunderstood. Simply put, the board is responsible for running the association, occasionally with the assistance of an HOA management company. While the board may consist of 3-7 members as a whole, typically […]
Planning for the Future of Your Community Through Reserve Funding (NC)
As properties within homeowners and condominium associations age, inevitably maintenance expenses will begin to pile up. Roofs will need to be replaced, deteriorating roads will need to be repaired, and siding may need to be replaced. These are examples of major expenses that do not occur every day, but can often otherwise be anticipated. Planning […]
Short-Term Rentals: New Municipal Regulations & HOAs/Condos (NC)
The convenience and cost of Airbnb, VRBO, Homeaway and other platforms have made short-term rentals (sometimes called “STRs” or “STVRs” for “short-term vacation rentals”) a booming business. Airbnb said earlier this year that it has over 640,000 hosts and 4 million listings! That said, short-term rentals can bring concerns. For one, too many rentals may […]
Decking the Halls in Your Homeowner’s Association (NC)
The fall and winter holiday months are the perfect time to show your holiday spirit. Regardless of which occasion is your favorite, this time of year draws homeowners to the holiday aisles filled with décor of all kinds. In fact, a recent study revealed that the value of United States imports of Christmas lights alone […]
Is There a HOA and Do I Care? Not All Restrictions Are Equal (NC)
One duty of a real estate closing attorney is to research the history of title to a tract of real estate and, as a part of that title search, determine what restrictions, if any, are attached to property being purchased. Restrictions are generally attached either through the agreement of several property owners to be bound […]
Leaving the Nest: Healthy Community Association Transition (NC)
Community associations in North Carolina typically are developed by private developers that plat the community, build the infrastructure and improvements, develop the lots, and organize the property owners or community association. Read the article……………….
Top Amendments for an HOA or Condo in North Carolina & South Carolina
We are often asked by board members for HOA and condominium associations to review their community’s documents and “update” them or “make them more modern.” While there is no one-size fits all solution for any community association, we have noticed that some amendments are a good idea for most communities. Read the article………………….
The Land and Everything that Goes with it: How Community Association Restrictions “Run with the Land”
It may be hard to believe, but community associations (“Associations”) occasionally deal with homeowners who don’t think they are required to pay assessments. The reasoning for these beliefs can range from “I don’t use the pool,” to “I am not part of the Association.” Although the majority of such claims are baseless, some may merit […]
Cease and Desist
If you have been involved as a manager or board member of a community association for any significant period of time-, you have likely come across a difficult owner or tenant who insists on using ineffective communication strategies. Maybe they send you daily or hourly emails demanding information, or post these demands to social media. […]
Trademarks and Community Associations: Maintaining Your Community’s Brand
Your community association (“Association”) probably invests substantial resources in protecting and maintaining its green spaces, facilities, and other common elements. But what about its good name? Read the article………………
Meeting Street: Safely Traveling the Road to Community Association Annual Meetings
Indeed, North Carolina law requires that all community associations hold a meeting of the association’s members at least once a year. Unfortunately, meetings of large groups, especially in the community association context, are inherently inefficient and can be more frustrating than they are useful. But this does not have to be the case with annual […]
Rules and Regulations: Staying in Your Lane and Avoiding Potential Hazards.
As part of our community association practice I am often asked by clients to review their rules and regulations. While this may seem like a rather simple task, it many times is made more complicated by Board confusion over what they have authority to control through the rules and regulations. Put simply HOA and condominium […]
Changing Your Restrictive Covenants (NC)
The North Carolina Court of Appeals recently rendered an opinion reiterating that all amendments to the restrictive covenants (“CCRs”) governing a planned community must be reasonable. As background, the existing law is that amendments to the CCRs must be reasonable in light of the developer’s original intent for the subdivision. This rule arose in the […]
Maximize Votes at HOA Election
Many HOAs and condominium associations have annual meetings coming up this time of year, or special meetings to amend their covenants, conditions and restrictions (“CCRs”) or bylaws. What is the best way to collect the votes your HOA needs to elect a board or get that important change to the CCRs or bylaws passed? […]
North Carolina HOA & Condo Association Insurance Requirements & Considerations
As North Carolina HOA/condo attorneys, we are regularly asked “What insurance policy should our association buy?” Our answer is always the same: “Talk to your insurance professional.” That’s because while an HOA/condo attorney can assist with what insurance is required by state law and the governing documents, an insurance professional can best advise on what […]
Failure to Hold Formal Homeowner’s Association 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 […]
Duties, Standards of Conduct, and Liability of Directors in North Carolina Condos/HOAs
Congratulations! You’ve just been elected to your HOA/condo association board of directors. Your new position shows your fellow members respect you and trust your judgment. By the way, did anyone describe your duties or mention that you could be financially responsible for actions? Read the article………………
Disputes Over Signs and Flags in Your HOA (NC)
Few topics or disputes can get as emotionally charged as when a homeowners association tells a homeowner that they cannot display a sign or flag in their yard. Often these outward signs are expressions of beliefs which are at the core of these homeowners passions, but exactly opposing those of others, and the resulting arguments […]
Can my North Carolina HOA ban smoking?
I get asked this question frequently. With more public and private facilities now smoke-free, and the knowledge of the dangers of even remote second hand smoke widespread, non-smoking owners and board members start to wonder if they can limit or even prohibit smoking within their communities. Read the article………………
But I’ve Never Had to Do It That Way Before! Industry Primer: All Attorneys are Different (NC)
To follow up on my last blog post, I have to believe that every attorney who practices has been confronted with the statement “but I’ve never had to do it that way before”. Please believe that despite the image of attorneys driving up costs for their clients, most real estate attorneys are working off of […]
HOAs & Condos: Follow Your Bylaws & Proper Parliamentary Procedure (PART 2)
A blog I wrote in 2016 (HOA’s: Follow Your Bylaws & Proper Parliamentary Procedure) examined two opinions from the NC Court of Appeals about HOA/condo board decisions. The short takeaway from those cases for associations? FOLLOW THE RULES. A new case from the Court of Appeals issued today (June 19, 2018) again examines the requirements […]
Do Judgments Ever Expire? (NC)
Suppose you were awarded a money judgment against an opposing party but, not surprisingly, the defendant didn’t immediately write you a check to satisfy the debt. How long is your judgment valid? In North Carolina, a judgment is valid for ten years from the date it was awarded by the Court. The judgment can be […]
Five Signs of a Problem HOA Board Member
Every board has likely experienced a problematic board member at one time or another. They can make board meetings long and stressful, and can cause a multitude of problems when it comes to quickly and effectively making decisions for the good of the whole community. Here are five signs that you have a problem board […]
The Importance of Improving Your HOA Website
One thing that many HOAs have in common is an ineffective and unsightly website. Cluttered, out of date, poorly organized, and unappealing, these sites are not likely to attract the traffic that they were intended to attract. If well-managed, your website can be one of your best tools for strengthening your community. In this article […]
Building and Maintaining HOA Playgrounds
As we enter the summer months, more and more families are heading to the playground to play during warm spring and summer evenings. It is important that your board consider the safety of your playground on a yearly basis, and to keep up constant maintenance both for the safety and enjoyment of your homeowners. Here […]
A Dogfight Over Neighborhood Rules: Amending Homeowners Association Bylaws
Last year your neighbor Barney finally completed construction of his home on your street, Peaceful Loop, on the last unimproved lot in this modest 25-lot subdivision. The developer has assigned all rights reserved to it in the Declaration of Covenants, Conditions and Restrictions for Tranquility Acres (“Declaration”) to the Tranquility Acres Homeowners Association (“Association”), and […]
New Appellate Case: “Must Our Condo Association Buy Flood Insurance?” (NC)
What insurance must be purchased by an association can usually be determined by reading the governing documents and relevant NC statutes (and consulting an experienced community association insurance professional!). The NC Condominium Act details what insurance must be purchased by a condominium association created on or after October 1, 1986 (other statutes provide for insurance […]
The Why and How of Retaining an HOA Attorney
Retaining an attorney for your HOA is an important step towards ensuring the health of your community. The complicated relationship between the governing documents, local ordinances, and state laws, means that there are many intricacies that only a professional lawyer can navigate effectively. Having a lawyer that you trust on hand for every situation can […]
Proxies & Proxy Voting at Membership or Board Meetings (NC)
We get lots of questions about proxies and proxy voting. And that’s understandable, as proxy issues at meetings can get very confusing. A proxy is simply a power of attorney as could be used to open a bank account or buy a car for another person. If proxies are permitted at a meeting, the proxy […]
Minimizing Disruption During Construction Season
As spring warms the cold air and coaxes leaves back onto the trees, spring and summer projects will start to be on the minds of many HOAs across the country. Projects mean construction, which can sometimes bring a feeling of dread to homeowners. These projects are crucial to maintain the beauty and functionality of your […]
Making Sure the Good Deed Goes Unpunished: Navigating Director and Officer Liability Insurance for Community Associations (NC)
(“Association”) acts through board members and officers who are volunteers and are generally willing to serve because they care about their communities. But in this day and age, they are often targets of member lawsuits. Accordingly, it’s recommended that all Associations obtain director and officer liability insurance to cover the costs of defending their directors, […]
Short Term Rentals in Your HOA Community
The way that many people travel has changed drastically over the past ten years. Thanks to the increase of technology and a desire for people to think out of the box when it comes to traveling, options have greatly increased. Short term rentals have become a popular way for travelers, whether on vacation or traveling […]
Best Practices For Homeowner Association Directors and Boards
The typical community association is governed by a board of directors comprised of volunteers who are elected by their fellow owners. The directors manage the corporate affairs of, and set policy for, the association, and as a result, they often become the main focus of dissatisfied members. This can lead to directors being sued individually […]
Checklist of Yearly Items for Community Associations
For those who are board members and officers of community associations, there is a yearly rhythm to the orderly conduct of the association that needs to be maintained. Minding those yearly issues and doing so in a timely manner will keep your association running smoothly and avoid the vast majority of problems throughout the year. […]
Service Animals and Your HOA
Having a community that does not allow pets can be a great thing for residents who are allergic to animals, have a fear of animals, or simply dislike the noise and the mess that pets can leave behind. However, there can be tension when someone with a service animal wishes to live in the community. […]
HOA Event Ideas for Spring and Summer
Community is the most important aspect of your homeowners association. Part of the responsibility of the HOA board is to make sure there are plenty of activities year round that bring the community together, build strong bonds of friendship, and make homeowners feel valued. Read the article……………..
Transgender Issues in Community Associations
Recently, I had the opportunity to attend the annual Community Association Institute Law Seminar. One of the topics covered at the seminar was transgender issues in community associations. We all know that community associations are microcosms of the society at large, and transgender issues are no exception. Transgender persons face violence, discrimination in the workplace, […]
Can we just enforce the rules we like?
Most board members don’t relish the idea of fining their friends and neighbors for minor infractions of their community’s restrictive covenants. Boards are typically willing to issue fines and citations when an owner has piles of garbage in their front yard, windows and siding falling off the exterior, or nipping dogs running around common areas […]
Five Reasons to be Wary of Low HOA Fees
Common wisdom dictates that cheaper is not always better. A pair of shoes that is initially more expensive can save money in the long run by requiring replacement less often. This concept is easy to grasp with physical products, but is unintuitive when it comes to HOA fees. What HOA assessments actually pay for is […]
Caselaw Update: Supreme Court Reverses Willowmere Decision re HOA’s Lack of Standing (NC)
The North Carolina Supreme Court, in a decision filed on March 2, 2018, REVERSED the Court of Appeals’ decision discussed below. You can read the Supreme Court’s decision here. As we discussed in our blog post below, which we posted on December 14, 2016, we disagreed with the Court of Appeals’ reasoning, and thankfully the […]