Curto v. A Country Place Condominium Association, Inc.

Sometimes, community associations tries to accommodate religious preferences and ends up discriminating on another basis. That is what happened in Curto v A Country Place Condominium Association, Inc., according to the U.S. Court of Appeals for the Third Circuit in a New Jersey condominium case handed down yesterday. In this case, the condominium had a large Orthodox Jewish population whose religious practices prohibited men and women from swimming together in the condominium pool. The association, wishing to find a way for both men and women to use the pool, came up with a schedule that provided certain hours for men … Continue reading

Assigning Service Contracts in North Carolina

Most people assume that when they hire someone to perform a service for them, that person will deliver the service. This is not always true. In many circumstances, one party can assign its service obligations to another party. By statute, North Carolina allows one party to delegate- or assign- its obligations to perform some service under a contract to another party unless the contract prohibits assignment, or unless the non-assigning party has some substantial interest in having the originally obligated party perform the work themselves.  The idea is that assignment allows individuals and companies necessary flexibility to sell valuable contractual … Continue reading

Top Amendments for an HOA or Condo in North Carolina & South Carolina – Part Two

(Blog co-authored by Harmony Taylor & David Wilson. This is a continuation of the earlier blog, “Top Amendments for an HOA or Condo in North Carolina or 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.  Over the next few articles, David Wilson and Harmony Taylor will be exploring some of the amendments that we frequently recommend … Continue reading

Community Association Foreclosures and Squatters

Despite what some may believe, association boards almost never want to foreclose on a condo, townhome or single family home in their community. When they do go through the time and expense of foreclosing, and are forced to purchase the property through foreclosure, it is incredibly frustrating to go to change the locks on a home only to find it already occupied by a stranger. It can appear that someone- not the former owner- showed up in the dead of night, gained access through some means, and moved in- even going so far as to fully furnish the home, hook … Continue reading

Top Amendments for an HOA or Condo in North Carolina & South Carolina

(Blog co-authored by Harmony Taylor & David Wilson) 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.  Over the next few articles, David Wilson and Harmony Taylor of Black, Slaughter & Black, P.A. will be exploring some of the amendments that we frequently recommend to the associations that we represent. Whether you are a single family, townhome or condominium … Continue reading

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. Perhaps they telephone excessively, wanting to discuss board positions outside of meetings. In some circumstances, they may even contact association vendors directly, and demand action or information to which they have no right. In a perfect world you would respond to legitimate requests for information … 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

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 off leash. But what about the situation with the owner who occasionally has to bring a company work van home overnight and park it in the driveway- and the Declaration of Covenants says no commercial vehicles parked in driveways? Or the environmentally friendly owner who … Continue reading

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, educational challenges, and health concerns.  Relevant to community associations, they also face significant hurdles related to housing.  A report of the 2015 U.S. Transgender Survey (USTS), looking at almost 28,000 transgender persons in all fifty states, the District of Columbia, American Samoa, Guam, Puerto Rico … Continue reading

“Protecting Associations from Liability for Sexual Harassment”

You can’t turn on the news these days, pick up a paper or listen to the radio without hearing about someone else in the entertainment industry being accused of improper sexual behavior towards employees, coworkers or others. Community Associations are microcosms of our culture, and so it should come as no surprise to find that allegations of harassment can and do come up. Recently I received a phone call from a manager dealing with the following scenario: Board President has served for many years, with wide support from the membership. He keeps the budget in check, makes sure the pool … Continue reading

Buyer Beware: Foreclosures of Properties with Existing Tenants

The housing market is hot in much of North Carolina, and many local and out of State investors are on the lookout for foreclosure deals that they can turn into quick rental income. In this situation some investors may be inclined to forego traditional due diligence, but they do so at their peril. No investor wants to purchase a property, only to learn after the fact that there is an in-place tenant (often less than desirable) who has no intention of leaving the property or paying reasonable rent. In this situation, the tenant may have more rights than the property … Continue reading