Top Amendments for an HOA or Condo in North Carolina & 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 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 community, you may want to think about some … Continue reading

Top Amendments for an HOA or Condo in North Carolina & 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 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 community, you may want to think about some … 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

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

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

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

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

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

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

New Appellate Case: “Must Our Condo Association Buy Flood Insurance?”

What insurance must be purchased by an association can usually be determined by reading the governing documents and relevant NC statutes (and consulting an experienced community association insurance professional!).  The NC Condominium Act details what insurance must be purchased by a condominium association created on or after October 1, 1986 (other statutes provide for insurance requirements on older condos or planned communities). NCGS § 47C-3-113 states, among other things: Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent available: (1) Property insurance … Continue reading

Proxies & Proxy Voting at Membership or Board Meetings

Proxies and Proxy Voting at Membership Meetings Our attorneys get lots of questions about proxies and proxy voting. And that’s understandable, as proxy issues at meetings can get very confusing. A proxy is similar to a power of attorney as could be used to open a bank account or sell a car for another person. If proxies are permitted at a meeting, the proxy can likely be given to any person or entity. That’s because the person carrying the proxy isn’t really who is at the meeting–the proxy giver is. FYI, most parliamentary books like Robert’s Rules of Order Newly Revised … Continue reading

Dispute Resolution Committee Comments

Last week I was invited to address the Legislative Research Commission’s Committee on Dispute Resolution Options for Homeowners, Associations and Governing Entities. The committee’s charge is to explore the “creation of a mediation or arbitration board” to handle community association disputes, and I was asked to share my thoughts. My comments to the Committee are below. FYI, almost all lawsuits filed in North Carolina’s District or Superior Courts are sent to either mediation or arbitration. And state law currently requires that community associations notify members each year of their right to request mediation. While I am an active proponent of … 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

New Charlotte Address & Firm News

We’re excited to announce our new, larger Charlotte office! Note our new Charlotte address: 1927 South Tryon St., Suite 100, Charlotte, NC 28203. The Charlotte phone number at 704-970-1593 remains the same.     This has been a busy and exciting year for our firm, so here are some updates and recent recognitions: Our Greensboro office expanded to take over neighboring office space (but has kept the same address). Four attorneys joined our firm this past year to assist with HOA/condo and real estate matters: Harmony Taylor, Brad Jones, Chris Rivers and Jason Pruett. For more information on any of … Continue reading

Fining For Violations-Proper Process is Key

Our clients often ask us what can be done about homeowners who are clearly violating the Association’s governing documents.  Both the North Carolina Planned Community and Condominium Acts (“Acts”) have mirror provisions and procedures for the imposition of fines.  Imposing fines often causes a great amount of heartburn for Boards as they are tasked with enforcing the Association’s governing documents against a neighbor.  While it can be an uncomfortable position to be in, our advice is that if the Board is not willing to enforce their governing documents, the documents might as well not exist. Furthermore, if Associations ignore violations … Continue reading