Taliercio Elected National Officer for Parliamentary Lawyers

Black, Slaughter & Black attorney Michael Taliercio has been elected 2018 national Treasurer of the American College of Parliamentary Lawyers (ACPL). Taliercio is a Professional Registered Parliamentarian with the National Association of Parliamentarians and a Fellow in the ACPL, which recognizes attorneys who have distinguished themselves in the practice of parliamentary law, including lawyers who advise conventions, condominium and homeowner associations, governmental bodies, and nonprofits.

In the Robert’s Rule of Order, can a chair overrule a motion to call the previous question?

This question was asked elsewhere online, and my answer may be of interest to others– Unfortunately, without more facts the answer is likely “it depends.” If your adopted parliamentary authority is Robert’s Rules of Order Newly Revised (11th Edition) (“RONR”), there are several competing considerations: (1) RONR § 47 (p. 449) provides that the presiding officer has an obligation “to state and to put all questions that legitimately come before the assembly as motions . . . .” (2) However, RONR § 47 (p. 450) provides that the presiding officer should “protect the assembly from obviously dilatory motions by refusing … Continue reading

Required E-mail Notice of Collection Proceedings?

Lawyers get asked about reported cases all the time, but usually what happens in a specific lawsuit isn’t that relevant to parties not involved in the case. That’s because circumstances are different, facts vary, associations are created at different times, it’s a condo instead of an HOA, etc.  That said, the decision in an appellate case can be instructive, and that’s certainly the case with a decision regarding collections this week from the NC Court of Appeals. In the case In re: Ackah a homeowners association foreclosed on a lot for nonpayment of assessments. The property was eventually sold to … Continue reading

How to Help after Hurricane Harvey

These blogs often focus on community association issues, whether hot topics, new appellate cases, or proposed federal or state laws. Today there’s a more pressing issue to address—the devastation caused by Hurricane Harvey. Without question, what’s happened in Texas is also a community association and community association resident disaster. Texas is third among states (only behind Florida and California) in its number of community associations, with more than 19,900 HOA/condo associations and more than 4 million residents. Many of them now face dangerous conditions and uncertain futures. Everyone also likely knows someone who has been personally affected. Houston attorney Mark … Continue reading

Best Lawyers Recognition

Two attorneys at Black, Slaughter & Black have been named to the 2018 edition of U.S. News – Best Lawyers. Best Lawyers recognition is based on peer reviews and client recommendations. Barbara Morgenstern been recognized by Best Lawyers in the practice of Family Law as well as Family Law Mediation. Barbara has also been named a “Legal Elite” by Business North Carolina magazine and a North Carolina Super Lawyer for Family Law. She is a Certified Specialist in family law by the NC State Bar, a Fellow of the American Academy of Matrimonial Lawyers, Past President of the NC Chapter of the American Academy of Matrimonial … Continue reading

REAL ESTATE HELD BY CORPORATIONS AND LLCs: WHY IT’S GOOD TO KEEP YOUR ENTITY VALID

At Black, Slaughter & Black, we handle closings for developers, builders, and investors throughout North and South Carolina.  Too often problems arise when the title to the property has been left in an old, dissolved entity.  Here is how we handle the issue in North Carolina: North Carolina allows business entities to convey property even after dissolution pursuant to statues governing the wrapping up of the business, so long as it is concluded in a reasonable amount of time (It is helpful that the law does not specify the duration, provide a limitation, or define a reasonable amount of time.  … Continue reading

Primer for Real Estate Brokers: Getting Your Deal Closed Like a Pro

As a real estate broker, getting a signed sales contract in hand is one of the most exciting parts of the buy/sell process.  A lot of time and effort goes into bringing a buyer and seller together to agree on the sale terms for a piece of property.  But, getting the contract signed only signals the beginning of the next phase of the process.  Brokers should be well informed of the steps in the closing process to be able to advise of and explain the process to their clients.  Being able to set expectations in advance of closing will help … Continue reading

Mediation and Arbitration Study for HOAs and Condos

Senate Bill 16 was vetoed by Governor Cooper on August 15, 2017, for reasons other than the proposal described below. The proposed study of a mediation and arbitration board by the Legislative Research Commission below is on hold until the legislature votes on whether or not to override the veto. The General Assembly met yesterday (August 3) to consider several issues remaining from the legislative session. Bills that would impact North Carolina’s homeowner and condominium associations weren’t really on the agenda, but one proposal was adopted that has a provision concerning community associations. Senate Bill 16: Business & Agency Reg. … Continue reading

Can My South Carolina HOA or Condominium Charge a Transfer Fee?

I often receive questions from managers and board members about fees that homeowners associations and condos can and can’t charge to homeowners and to prospective purchasers in their communities.  One of the most common questions goes something like this: “Our covenants say that we can charge a capital contribution fee / transfer fee / some other similar fee at each closing.  Can we charge this fee?” The answer will depend on several factors, including the age of the fee covenant, which party is entitled to receive the fee, and whether the original developer is still selling property in a community. … Continue reading

WE ARE GETTING A DIVORCE – HOW DO I GET MY FAIR SHARE OF MY SPOUSE’S RETIREMENT BENEFITS?

One of the largest assets in many marriages is the retirement plan of the spouse who was employed outside of the home during the marriage.  Each spouse is presumptively entitled to one-half the net marital estate under North Carolina equitable distribution law, which typically involves distributing a portion of the retirement plan to the non-employee spouse. Retirement plans are divided by a court order which instructs the Plan Administrator to transfer a portion of the retirement plan to the non-employee spouse.  An order is required because the retirement plan is listed under the social security number of the employee spouse, … Continue reading

NC Community Association Legislative Wrap-Up – July 2017

The General Assembly adjourned its 2018 regular session this month, so questions have arisen about what happens to proposals that would have directly impacted North Carolina’s homeowner and condominium associations (see NC Community Association Legislative Update-June 22, 2017), but weren’t adopted. The clear answer: “It depends.” Although legislators left town, they haven’t really left for good. The adjournment resolution provided that special legislative sessions will be held in August, September, and again by November. While these sessions are intended to be focused on legislative redistricting and other major issues, the General Assembly can consider what it wishes. While it is unlikely … Continue reading

The Effect of Reconciliation on Claims Arising From First Marriage

Our North Carolina family law specialist, Ashley D. Bennington, represented a husband in an appeal before the North Carolina Court of Appeals where the question was whether the wife could refile her claims for equitable distribution and alimony arising from the first marriage of the parties.  The Court of Appeals affirmed the trial court’s decision and ruled in favor of our client determining that the wife’s claims were time barred.  A copy of the opinion of the Court of Appeals can be found here:  https://appellate.nccourts.org/opinions/?c=2&pdf=35539.  In the instant case, the parties were separated and divorced in the years 2005 and … Continue reading

Insurable v. Marketable Title in Real Estate Transaction

  The current real estate market is fast paced and more complex than ever before.  Many sellers of real property want to know they can move their properties as fast as possible without encountering costly delays brought on by unexpected title problems.  Larger institutional sellers (e.g., banks) will attempt to prevent some of these unexpected delays by contracting to convey title under a seemingly less stringent standard in order to get their deals closed in the shortest amount of time possible.  Often, this is done by agreeing to sell “insurable” title to prospective buyers.  But, what is the buyer actually … Continue reading

The Benefits of a Professional Verbatim Convention Reporter

Having served as parliamentarian to hundreds of conventions, I’ve worked with different types of court reporters who used different methods to provide verbatim transcripts of the proceedings. These included stenographic court reporters using audiotape, specialized court reporting machines or laptops. At times I’ve also seen voice writing court reporters using a stenomask as you might see at a trial. With no disrespect towards others, I want to give special recognition to convention reporters Jack and Dee Boenau (pronounced BAY-no) of AmeriCaption, Inc. Because we’re on the convention circuit together, Jack, Dee and I see each other at conventions ranging from 300 … Continue reading

AVOIDING CORPORATE DEADLOCK

Corporations, limited liability companies and other entities have become a standard resource or mechanism to help individuals shield themselves from personal liability when going into business, holding investments, or otherwise entering into a variety of undertakings.  The ever increasing use of such structures, however, can sometimes lead to other, unanticipated problems, particularly when the shareholders or directors of an entity cannot agree on matters impacting the entity.  In a worst case scenario, disagreements can escalate and eventually lead to complete gridlock, negating many of the advantages and corporate opportunities that once existed. In order to avoid such gridlock and protect … Continue reading

TEN COMMON MISCONCEPTIONS ABOUT FAMILY LAW

After practicing family law for 31 years, I have noticed that many of my clients have common misconceptions about family law.  Some of the most frequent questions the family lawyers at Black, Slaughter & Black, P.A. receive are: If my wife and I are sleeping in separate bedrooms, does that count for the one-year separation required for absolute divorce?     Parties must be physically separated and have separate addresses to count as “separation” for purposes of the one-year requirement for absolute divorce. Does my wife have to account for how my child support payments are used?    Child support is … Continue reading

Firm Recognition

The readers of YES! Weekly magazine have selected the firm as a “Best Lawyer/Law Firm.” It’s nice to be recognized! For more information on Black, Slaughter & Black, PA, and our practice areas, please visit www.lawfirmcarolinas.com

NC Community Association Legislative Update – June 22, 2017

I’m asked frequently about the status of  proposals filed this session in the General Assembly that, if adopted, would directly impact North Carolina HOAs and condominium associations. The “crossover deadline” (the date on which a bill must have cleared one chamber to move forward) has passed, which means this a good time to check in on various bills. (FYI, while the crossover deadline is a big deal, keep in mind the News & Observer’s warning several years ago: “[Legislative] rules are made to be circumvented, so there are many ways to keep legislation alive.”) UNDERSTAND THAT ALL OF THESE ARE PROPOSALS, … Continue reading

Communities for Those 55 Years of Age or Older

Recently we have been approached by multiple associations inquiring about making their housing community one that is restricted to those residents that are 55 years of age or older.   The ability and requirements for establishing or becoming a housing community for those 55 years of age or older is governed by the federal Housing for Older Persons Act (HOPA).  The Act applies to homeowners associations and condominium associations that wish to impose this type of age requirement.  HOPA is an exemption to the Fair Housing Act (FHA) which prohibits discrimination in housing-related transactions based on race, color, religion, sex, national … Continue reading