Attend Community Association Law Day – Friday, October 19

Would you like to learn about North Carolina HOA and condominium law changes and trends? Then plan to attend the NC Community Association Law Day on Friday, October 19 in Raleigh! Law Day is always a popular program organized by the North Carolina Chapter of the Community Associations Institute. Attendees include planned community and condo board members, community leaders, and community managers. Speakers include many of the most experienced community association professionals in the state. Law Day Details The 2018 Community Association Law Day will be held on Friday, October 19. This year’s program will be in Raleigh at the … Continue reading

Intestacy in North Carolina or Dying Without a Will

I understand that 75% of North Carolinians die without a Will. This is called dying Intestate. If you die without a Will, then the Intestate laws of the state of North Carolina determine the distribution of your assets. As discussed in a Blog Post, dated February 15, 2013, a common misconception is that if a married person dies without a Will, the assets pass automatically to the surviving spouse. This is not entirely true. Under current law, this is what happens:   If The Person Who Dies is Married: Real Property If survived by one child or a descendant of … Continue reading

Who gets children’s 529 accounts and divorce?

Most couples decide to keep a 529 college savings plan as the children’s funds and used for college expenses. If there is no such agreement, the court will include any 529 college savings plan in the marital assets, to be divided or distributed to one party. Most likely, the court will assign savings to one parent or the other to manage the funds for the children and not reduce their share of the marital assets.  Although, the Court could choose either parent to manage the funds, it is likely that the court would choose the party most interested in the … Continue reading

Should you move out?

Are you considering separating from your husband or wife and not sure whether you should move out of the house? There are several things to consider in deciding on whether you should move out of the house prior to a written agreement with your spouse. Do you have children? Are you financially able to afford another place to live? Might you have alimony obligation to your spouse? Did you get a house prior to your marriage? These are just a few of the questions you want answer before your move. Call one of the attorneys at Black, Slaughter and Black … Continue reading

North Carolina Small Estate Administration

“Small Estate Administration “may be an option for small estates, both testate (with a Will) or intestate (without a will).  For eligible estates this allows the heirs to receive the property to which they are entitled under the Will or the Intestate laws of North Carolina with an abbreviated proceeding known as “Collection by Affidavit.” It is simpler, easier and a less expensive method. In order to qualify for this proceeding, the North Carolina estate must be valued at less than $20,000.00 ($30,000.00 if the sole heir is the surviving spouse). Thirty (30) days must have passed since the date … Continue reading

When is the best time for beneficiaries to Inherit?

Often times when I discuss drafting a Will for a client, we talk about whether the client’s children that are the beneficiaries should inherit outright or in trust. For many clients, if the child is over 21 or 25, the assumption is that the adult child should inherit outright. But is that really the best idea? So many factors should be considered in determining what is right for your estate plan and your beneficiaries. Once a person inherits, the money is his or hers and is subject to his or her creditors, divorce and other personal liabilities. While many want … Continue reading

Important Considerations before Buying a Timeshare

Are you thinking about buying a timeshare?  Undoubtedly, having a week or more reserved in a tropical destination for a vacation every year can be appealing.  However, there are a few things that you should consider before buying a timeshare – First, owning a week at a timeshare is similar to owning a condominium unit, in that you will owe ongoing (monthly or annual) assessments for maintenance to the timeshare association.  These maintenance assessments are in addition to the actual purchase price of the timeshare unit.  So, you need to be prepared to pay assessments to the timeshare association the … Continue reading

News: HOA Radio Program & Fact Book

HOA/Condo Radio Call-In Program Thursday, August 23 I’ll be a guest on Thursday, August 23, 2018 at noon on WHQR Public Radio in Wilmington for CoastLine: HOAs in the Cape Fear Region. The program, which begins at noon, will include call-in questions about “how to navigate the rules, including what to do when you have a grievance.” If you’re interested, the program can be heard on the radio (91.3), streaming, or by podcast. For more information, visit http://www.whqr.org/post/thursday-coastline-hoas-cape-fear-region (Follow-up: For anyone interested, the recorded program can be found at http://www.whqr.org/post/coastline-hoa-disputes-could-be-decreased-through-owner-education) 2017 Community Association Fact Book NOW LIVE The Foundation for … Continue reading

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 associations can create reasonable rules and regulations to govern common areas.   Meaning, as long as the rules and regulations are reasonable and not in conflict with the Declaration, of Covenants, Conditions, and Restrictions (“Declaration”), the Board of Directors can adopt rules and regulations concerning the … Continue reading

Are You Ready to Buy a House?

Whenever I walk into our firm’s lobby to introduce myself to real estate clients who are there to close on a house, I tend to always greet them by stating “Are you ready to buy a house?!” I usually get one of three responses: a nervous chuckle followed by an “I guess so,” a very loud and relieved “Heck yeah, let’s do this!,” or a “Well, I guess I’m as ready as I’ll ever be, so let’s get this over with.” As a real estate attorney and someone who has recently purchased a home, I am fully aware that buying … Continue reading

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 policies are available for purchase, differences between coverage and carriers, and cost considerations. That said, as HOA/condo attorneys, we regularly advise on what types of insurance associations need to consider, their different purposes, and things to watch out for. WHAT TYPES OF INSURANCE SHOULD OUR … Continue reading

NC HOA/Condo Directors — Duties, Standards of Conduct, and Liability

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? DIRECTOR DUTIES Almost without exception North Carolina community associations are incorporated nonprofit corporations. While that’s different than for-profit corporations (and governed by different statutes), the directors of both have similar duties. Directors of community association must: follow state laws pertaining to HOAs or condominiums enforce the association’s governing documents, including any declaration, articles of incorporation, and bylaws … Continue reading

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. Whether a community consists of single family homes, townhomes, condominiums or stacked units, the board of directors can probably adopt rules limiting or prohibiting smoking in common areas and limited common areas such as pools, clubhouses, tennis courts, lobbies, elevators and stair wells, and even on private patios and balconies. Most Declarations of Covenants … Continue reading

BUT I’VE NEVER HAD TO DO IT THAT WAY BEFORE! INDUSTRY PRIMER: ALL ATTORNEYS ARE DIFFERENT

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 a fee-based system and generally do not want to create unnecessary work or delays for themselves or others. Disbursements I know there are some attorneys now or in the past who would wink and pass along one or more checks at the closing table before … Continue reading

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 of an association board to take lawful action. In Homestead at Mills River Property Owners Association, Inc. v. Hyder et al., a Henderson County association brought a lawsuit against a successor developer due to a fight over Common Area. The case is lengthy (40 pages!) … Continue reading

Do Judgments Ever Expire?

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 renewed for another ten years, giving a judgment creditor additional time to try to collect the money owed. A judgment is renewed by filing a second lawsuit for the remaining amount due on the original judgment. This second lawsuit must be filed within ten years … Continue reading

Personalizing Your Personal Injury Claim

When people find out that I am an attorney, it is not uncommon for them to share with me their own experiences with the law.  Most often, these recollections involve a claim for personal injuries they suffered due to the negligence of a third party, like in a car crash or a slip and fall.  As a member of the legal profession, it is gratifying to hear when someone had legal representation and was pleased with the assistance they received.  All too often, however, the stories conveyed to me involve their dissatisfaction with the attorney retained or, for those who … Continue reading

South Carolina Legislative Update: Bill Affecting HOAs and Condos Signed Into Law

A South Carolina bill we have been watching for more than a year was signed into law by the governor yesterday, May 17, 2018.  House Bill 3886 is the first bill specifically directed at homeowners associations and condominiums in South Carolina and will impact how each of these types of communities operates.  Officially titled the “South Carolina Homeowners Association Act,” click here for the text of the law.   Here is a brief summary of some of the key parts of the new law: Disclosure Duty The law creates a new duty to disclose whether real property being sold is … Continue reading