Yes, You Can Hold a Productive North Carolina Annual HOA/Condo Meeting During a Pandemic

In these first few weeks of 2021, we’ve heard from a number of associations who never got around to holding their 2020 annual membership meeting. That’s understandable given how difficult 2020 was. COVID-19 made large in-person gatherings extremely difficult and sometimes impossible. Various state Executive Orders have at times restricted attendance at meetings from only 25 to fewer. (10 is currently the number of members who can be present at an indoor association meeting.) As a result, many associations decided to wait to hold the annual meeting until things improved. But here we are, one year after the first US … Continue reading

New NC Executive Order Extends Ability to Hold Electronic Membership Meetings

As one of the last Executive Orders issued in 2020, Governor Cooper has extended the ability of North Carolina associations (including HOAs and condos) to hold virtual membership meetings. How Did We Get Here? Current COVID restrictions limit NC indoor meetings to 10 and outdoor meetings to 25 “at the same time in a single confined indoor or outdoor space.” These limits must be considered when planning any in-person association membership or board meeting. Prior to the pandemic, associations boards could meet virtually, but not association membership meetings. However, on April 24, 2020, the Governor issued Executive Order #136, which … Continue reading

National HOA/Condo Law Seminar to Be Virtual in 2021!

As a past President of the College of Community Association Lawyers (CCAL), I try each year to provide details on CAI’s Community Association Law Seminar. The Law Seminar is the premiere HOA and condo legal program held each year. This year’s Law Seminar is the 42nd annual and will be held January 25-29, 2021 through an online format. Like so many things these days, the Law Seminar will be different due to the pandemic. But in some ways the virtual format will be more convenient and flexible. The program will be held several hours each day (rather than three very … Continue reading

COVID-19 Update: Indoor Gathering Limit Reduced

Governor Roy Cooper announced earlier today (November 10, 2020) that Phase 3 coronavirus restrictions will remain in place for the time being. However, due to an increase in the number of coronavirus cases and the upcoming holidays, the attendance cap on indoor gatherings is being lowered. As a result, the new restrictions will limit indoor meeting attendance to 10 (reduced from 25) “at the same time in a single confined indoor or outdoor space, such as an auditorium, stadium, arena, or meeting hall.” Such requirements should be taken into account when planning any association in-person membership or board meeting. The … Continue reading

Lessons Learned from Large Virtual Conventions, Representative Assemblies, and Houses of Delegates

During the COVID-19 pandemic, virtual meetings such as Zoom and GoToMeetings have been invaluable for allowing people to interact face-to-face online. However, as helpful as virtual meetings can be for smaller groups, large gatherings of hundreds or more pose different problems. That’s particularly the case for very large conventions, representative assemblies, houses of delegates, and governing councils. Such meetings are more complicated when held online because of the number of delegates and usual types of business (credentials, rules, bylaws amendments, large budgets, legislative programs, resolutions, numerous new business items). In addition, such meetings typically see more motions (amend, refer, close … Continue reading

New NC Executive Order Extends Virtual Membership Meetings Through December 29

Membership meetings of North Carolina nonprofit corporations, including homeowner and condominium associations, can continue to be held virtually/electronically for at least the next 60 days. Since September 1, North Carolina’s Phase 2.5 (now 3.0) restrictions have limited indoor meeting attendance to 25 and outdoor attendance to 50 “at the same time in a single confined indoor or outdoor space, such as an auditorium, stadium, arena, or meeting hall.” Such requirements should be taken into account when planning any association in-person membership or board meeting. Executive Order #136 issued by the Governor on April 24, 2020, allowed for nonprofit membership meetings … Continue reading

COVID-19 Update: What Phase 3 Means for NC HOAs and Condos

It’s been awhile coming. Today, September 30, 2020, Governor Roy Cooper has announced that North Carolina will move to “Phase 3” with regards to coronavirus restrictions this Friday, October 2 at 5 pm. Some restrictions will remain in place, but others have been loosened. Executive Order #169 covers a host of businesses and activities, but here are some highlights for North Carolina homeowner and condominium associations: General Recommendations. Those at risk of severe illness from COVI-19 (individuals 65 years or older or those with serious underlying medical conditions) are encouraged to stay home. Restrictions on gatherings. Executive Order #169 maintains … Continue reading

Political Signs in HOAs and Condos – 2020 Review

This Saturday, September 19, 2020 is 45 days before the 2020 state and national elections. Why does that matter? Because North Carolina’s complicated statutes regulating political signs in homeowner and condominium associations make “45 days before the day of the election” an important trigger for what can and can’t be done with political signs. Prior to 45 days before the election, so long as the association has the correct wording in the governing documents, a community association can altogether prohibit political signs. (A “political sign” per the statute is a sign that attempts to influence the outcome of an election, … Continue reading

COVID-19 Update: What the New Phase 2.5 Means for NC HOAs and Condos

While not yet Phase 3, NC Governor Roy Cooper has announced that this Friday, September 4 at 5 pm the State will move to “Phase 2.5” with regards to coronavirus restrictions. Some restrictions will remain in place, but others have been loosened. Executive Order #163 covers a host of businesses and activities, but here are some highlights for North Carolina homeowner and condominium associations: Restrictions on gatherings have been loosened. Executive Order #141 issued on May 20 limited indoor gatherings to ten (10) people and outdoor gatherings to twenty-five (25) people. Executive Order #163 increases these numbers to 25 people … Continue reading

NC Executive Order Again Extends Electronic Membership Meetings

Membership meetings of North Carolina nonprofits, including homeowner and condominium associations, can continue to be held virtually/electronically for at least the next 60 days. Since May 20, North Carolina Phase 2 restrictions have limited indoor meeting attendance to 10 and outdoor attendance to 25, which makes it rather hard to hold an in-person association membership meeting. (It can be done, it just requires certain physical arrangements, numerous proxies, or both.) Executive Order #136 issued by the Governor on April 24, 2020, allowed for nonprofit membership meetings to be held virtually under certain conditions. That Executive Order expired on June 23, … Continue reading

New Robert’s Rules of Order

The latest Robert’s Rules of Order Newly Revised has been released! For organizations that follow Robert’s Rules of Order, most tend to use the newest edition. That’s because either a state or federal law or the governing documents refer not to a specific numbered edition, but to the latest edition. For instance, two North Carolina state statutes (NCGS § 47F-3-108 & 47C-3-108) provide that as to homeowner and condominium associations, “meetings of the association and the executive board shall be conducted in accordance with the most recent edition of Robert’s Rules of Order Newly Revised.”  Identical language can be found … Continue reading

Community Association Fact Book 2019 Now Online

The yearly Community Association Fact Book from The Foundation for Community Association Research is always a wealth of information. For anyone who works in, writes about, or just is interested in homeowner or condominium associations, the research is indispensable. (The official purpose of the Fact Book is to provide “research-based information to all community association stakeholders–homeowners, board members, management professionals as well as attorneys, accountants, developers, mortgage lenders, federal agencies, public officials and others–all who work with the Foundation and CAI to build better communities.”) The 2019 Fact Book, meaning the research collected last year, is free and online. Both … Continue reading

New Appellate Case May Impact Townhome Exterior Repairs

Today (August 4, 2020), the NC Court of Appeals issued an opinion that could impact townhome exterior repairs. The case is Shearon Farms Townhome Owners Ass’n II, Inc. v. Shearon Farms Dev., LLC. Shearon is a “published” case, which means the holding is binding on other parties with similar facts. Complex appellate cases are difficult to summarize. Facts matter. Different circumstances can lead to different results. That said, here’s the short version of this 19 page decision: Several townhome owners reported to the association that the exterior siding on their townhomes was severely damaged, as if it had melted. The … Continue reading

How to Hold a North Carolina HOA or Condo Virtual Membership Meeting

Normally (not during a pandemic), virtual membership meetings of homeowner and condominium associations are not permitted. As noted in this Coronavirus, Flu, and HOA/Condo Association Meetings article, members usually have two options for making decisions outside of meetings: (1) “action by written (unanimous) consent” and (2) “action by written ballot.” In addition, for declaration amendments the NC Planned Community Act and Condominium Act allow adoption by “written agreement” from members, which is a different no-meeting process. But recognize that none of these count as a “meeting.” They are all methods of making decisions without a meeting. So, if you want … Continue reading

Updated NC Condominium Act (NCGS 47C)

The NC General Assembly in 2020 has made a number of changes to the North Carolina Condominium Act (NCGS 47C). All of the updated statutes have been signed by the Governor and are now law. Here is a PDF of the revised NC Condominium Act. The document also distinguishes between those provisions that are retroactive to all condos and which apply only to condominiums created after October 1, 1986. For more details on the specific 2020 amendments, you may wish to read this article: NC Community Association Legislative Update – June 24, 2020 For any North or South Carolina HOA/condo … Continue reading

2020 CAI-NC Annual Conference Educational Sessions ONLINE

The Annual Conference of the North Carolina Chapter of the Community Associations Institute will be virtual this year. While the Conference is officially next week, July 23-24, there will be many more educational opportunities on issues of concern to HOAs and condos. Registered attendees at this year’s Conference will choose 4 of 12 learning sessions to attend on Conference days (July 23-24). But one of 12 recorded sessions will be opened each day for viewing online Monday-Thursday in the 3 weeks following the Conference. You can attend or re-attend any as part of Conference registration. In addition, presenters will “attend” online the day … Continue reading

New NC Executive Order Again Allows Electronic Nonprofit Membership Meetings

NC Executive Order #141 issued on May 20 (and still in effect as of July 3) currently limits indoor meeting attendance to 10 and outdoor attendance to 25, which makes it rather hard to hold an in-person association membership meeting. By statute, NC nonprofit association boards have long been allowed to meet by telephone conference or video conference, so long as everyone can simultaneously hear everyone else. However, there has been no such statute for association member meetings. On April 24 the Governor issued Executive Order #136, which allowed for nonprofit membership meetings to be held virtually under certain conditions. … Continue reading

NC Community Association Legislative Update – June 26, 2020

Pool Immunity & Fee Cap on Statement of Unpaid Assessments According to Ferris Bueller: “Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it.” At this point in the legislative session, things more pretty fast. And it’s easy to miss things. There have been several significant changes since my NC Community Association Legislative Update – June 24, 2020 two days ago! Summaries follow, and more fuller reviews will be done as a part of our HOA/Condo blogs. House Bill 806: “HOA/Condo Pool Opening Limited Immunity” HB 806 has been amended to … Continue reading

COVID-19 Update: North Carolina to Remain in Phase 2, Additional Restrictions

NC Governor Roy Cooper announced today, June 24, that on Friday, June 26 the State will NOT move to a “Phase 3” with regards to coronavirus restrictions. North Carolina will instead remain in Phase 2 for at least an additional 3 weeks as a result of failing to meet certain key benchmarks. In addition, new face mask requirements have been added. Here are some highlights for North Carolina’s homeowner and condominium associations: Phase 2 restrictions will remain in place through at least 5 pm on July 17, 2020. Restrictions on gatherings remain in place. Executive Order #141 issued on May … Continue reading