Maintenance, Repair and Replacement in HOAs & Condos (Including Hurricane and Casualty)

Prior to Hurricane Dorian our firm again sent out emergency contact information (emails and cell phone numbers) for all our community association attorneys. The thought behind doing this before significant storms is that in the event of HOA or condo damage, immediate advice may be needed on who is responsible for making and/or paying for necessary repairs. (And, yes, we have gotten calls in the middle of the night about water pouring into a unit or a tree through the roof.) Even in quiet times, issues related to maintenance, repair and replacement are some of the more difficult ones we … Continue reading

FHA Issues New Condominium Approval Rules

Yesterday, August 14, 2019, the Federal Housing Administration (FHA) issued significant policy revisions to its condominium approval process. In addition to changes to the condominium project approval policy, the new policy provides a “single-unit approval process” for individual condominium units to be eligible for FHA mortgage insurance, even if the condominium project is not FHA approved. In addition, the new guidelines extend the recertification for approved projects from 2 to 3 years and will allow more mixed-use projects to be eligible for FHA insurance. Here are a few more specifics as to changes to FHA’s Single Family Handbook: Single-Unit Approval … Continue reading

2018 Community Association Fact Book Released

The Foundation for Community Association Research has just released its Community Association Fact Book 2018, which is full of HOA/condo data and statistics. The purpose of the work 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.” If you haven’t reviewed the Fact Book before, the information is fascinating. Both national and state-by-state information can be found. For instance, in 1970, there were 10,000 community associations in the U.S. Today … Continue reading

Association Loans: What You Need to Know

Previous posts have looked at options for community associations in need of money (see Help, Our HOA (or Condo) Needs Money!). If your association has explored and rejected other possibilities (increased assessments, reserves, special assessment, etc.), a loan may be the best prospect. Questions about whether the loan is a good idea or whether the association will be able to pay back the funds are something that only the association can answer. Instead, this blog examines the legal process of what is involved when an association borrows money. Over 200 lenders currently make loans to HOAs and condos, according to … Continue reading

Black, Slaughter & Black Attorneys Speaking at HOA/Condo Annual Conference AUGUST 2

The Annual Conference of the North Carolina Chapter of the Community Associations Institute will be held Thursday, August 1 and Friday, August 2 at the Wilmington Convention Center (515 Nutt Street). Attendees will include community association professionals and community leaders from across the state. During the Friday educational sessions, several Black, Slaughter & Black attorneys will be speaking on issues of concern to community associations, including: Friday, August 2 at 8:30 am David Wilson (with Dawn Becker-Durnin, NFP, and Jessica Due, NFP) Contractual Risk Transfer for Communities: It’s Not Just About the Certificate of Insurance Communities need to outsource work … Continue reading

NC Community Association Legislative Update – May 10, 2019

Yesterday, May 9, 2019 was the “crossover deadline” in the North Carolina General Assembly. In short, that means that bills not related to taxes or spending must have passed one chamber to be eligible for consideration during the two-year legislative session. CAVEAT: In terms of legislation, “dead” doesn’t always mean “completely dead.” A News & Observer story once noted that legislative “rules are made to be circumvented, so there are many ways to keep legislation alive.” (For example, proposals sometimes appear later as “technical corrections” in other bills.) Still, with the crossover deadline behind us, now is a good time … Continue reading

NC Community Association Legislative Update – April 23, 2019

It must be spring in North Carolina—both flowers and legislative proposals that would impact HOAs and condos are springing up! For those of you who attended the NC-CAI Community Association Legal Workshop in Wilmington this past week, you heard my law partner Steve Black comment on several pending community-association bills. When I spoke at the NC-CAI Community Association Law Evening in Greenville the NEXT NIGHT, 3 more proposals had been filed! Now there are at least 12 legislative proposal that would impact North Carolina’s HOAs and condos. The increased filing is due to several legislative deadlines this month. Tuesday, April … Continue reading

Don’t Screw Up Your Architectural Committee and Approval Process

In a decision issued today (March 19, 2019), the North Carolina Court of Appeals examined the issue of proper architectural committees and their decisions. Makar vs. Mimosa Bay Homeowners Association is an “unpublished” opinion from the NC Court of Appeals. That means that the decision is not controlling legal authority and should not be cited in other cases. However, even unpublished opinions give a sense of the Court’s thinking as to specific issues and how subsequent courts may rule. In short, the decision in Makar follows other recent appellate decisions that associations should act properly, follow corporate formalities, and do … Continue reading

Committee of the Whole

“Committee of the Whole” is a type of committee described in Robert’s Rules of Order Newly Revised (11th Edition)(see RONR Section 52). While not commonly used, some large assemblies and legislative bodies follow the process. Without question, the procedure is an odd one. The normal presiding officer leaves the chair and a chairman of the committee is appointed. Members can speak in debate on the main question or amendment as often as they can get the floor. Only certain motions are in order. The committee is intended to adopt a report to be made to the assembly and then votes … Continue reading

Community Association Law Day 2019 – Charlotte, NC

Law Day is one of the NC Community Associations Institute’s most popular programs. Attendees include HOA/condo board members, community leaders, and community managers. Speakers include many of the best community association professionals in the state. Black, Slaughter & Black attorneys will be presenting on the following topics at the 2019 Community Association Law Day on Friday, March 22: Who’s Going to Fix My Property? HOA/Condo Maintenance, Repair & Casualty (Including Major Weather Events) – Jim Slaughter Assessment Collection Minefields – David Wilson & Adam Marshall How to Avoid Litigation in the First Place – Jim Slaughter (and Hope Carmichael) The … Continue reading

Does Your Board Meeting Need a Parliamentarian?

In large association membership meetings or conventions, it is common to find someone serving as parliamentarian (whether a member or outside credentialed professional). A question I’m often asked, though, is “Does our board meeting need a parliamentarians”? (For purposes of full disclosure, I’m an attorney, Certified Professional Parliamentarian, Professional Registered Parliamentarian, past President of the American College of Parliamentary Lawyers, and author of two books on meeting procedure.) A parliamentarian is simply an adviser to the presiding officer and other officers, committees and members on matters of meeting procedure. There is no one-size-fits-all answer, but:  The president and board members … Continue reading

What an HOA “Transfer Fee” Is—And What It Is Not

The term “transfer fee” is used in North Carolina incorrectly all the time. Misuse is common even among professionals. Recently I’ve heard both real estate brokers and real estate attorneys refer to items as “transfer fees” that were not. Since there is a statute that regulates and can even prohibit improper transfer fees, it’s important to use the correct term. Let’s start with a bit of background. Since 2010 North Carolina state statute has defined a transfer fee as a “fee or charge payable upon the transfer of an interest in real property . . . regardless of whether the … Continue reading

Details on the 2019 National Community Association Law Seminar!

As past President of the College of Community Association Lawyers (CCAL), I try to provide details each year on the national Community Association Law Seminar. Without question, the Law Seminar is the premiere HOA and condo legal program held each year. This year’s Law Seminar is the 40th annual and will be held January 23-26, 2019, at the Roosevelt Hotel in New Orleans, LA. While the Law Seminar is mostly attended by attorneys, it’s not limited to attorneys. Other participants include insurance professionals, community association managers, other industry leaders who wish to learn about HOA/condo law trends and practices. For … Continue reading

Short-Term Rentals: New Municipal Regulations & HOAs/Condos

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 change the nature of a community. Some traditional owner-occupied homeowner and condominium associations have found themselves awash in short-term renters. While there is nothing inherently negative about short-term renters, some communities have found that short-term rentals can lead to additional administrative costs, such as determining … Continue reading

Firm News/Update – Nov. 2018

Attorney Deployment Attorney William Sefcik, who is an Army First Lieutenant, has been deployed to Active Duty overseas in support of Operation Freedom’s Sentinel. Until he returns safely to our firm, please keep William and his family in your thoughts.   Theodora Vaporis Recognized as “Best Estate Planning Attorney” Congratulations to my law partner Theodora Vaporis, who was recognized this month by the News & Record as “Best Estate Planning Attorney” in Guilford‘s Best 2018! Theodora heads our firm’s Estates Department and helps with issues related to wills and trusts, including estate planning, powers of attorney, guardianship, estate administration/probate, and … Continue reading

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

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

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