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

Planning for the Future of Your Community Through Reserve Funding

As properties within homeowners and condominium associations age, inevitably maintenance expenses will begin to pile up. Roofs will need to be replaced, deteriorating roads will need to be repaired, and siding may need to be replaced. These are examples of major expenses that do not occur every day, but can often otherwise be anticipated. Planning ahead for these expenditures can be key to the financial health of your association. So how do homeowners and condominium associations pay for these major projects? One method is through reserve funding. This is an amount of the collected assessments that are set aside to … 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

Decking the Halls in Your Homeowner’s Association

The fall and winter holiday months are the perfect time to show your holiday spirit. Regardless of which occasion is your favorite, this time of year draws homeowners to the holiday aisles filled with décor of all kinds.  In fact, a recent study revealed that the value of United States imports of Christmas lights alone totaled $463.2 million in 2017.[1] It looks like everyone is eager to spread the holiday cheer. But, before you turn your home into a scene straight out of Christmas with the Kranks, you should make sure your homeowner’s association doesn’t have any prohibitions on the … Continue reading

Is There An HOA and Do I Care? Not All Restrictions Are Equal

One duty of a real estate closing attorney is to research the history of title to a tract of real estate and, as a part of that title search, determine what restrictions, if any, are attached to property being purchased.  Restrictions are generally attached either through the agreement of several property owners to be bound by certain restraints, or by a single owner seeking to subdivide property and to have all subdivided lots be under a common subdivision scheme.  In either event, restrictions in North Carolina have to be recorded in the county register of deeds where the real property … 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

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

(Blog co-authored by David Wilson & Harmony Taylor) 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

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