Order Extend Protections for Tenants; Reaffirms Requirements for Landlords

In late December 2020, both President Trump and North Carolina Governor Cooper extended existing Orders providing protections to individuals at risk of eviction through January 31, 2021. As a result, eviction of some residential tenants for nonpayment of rent may continue to be halted during this time period. However, protection from eviction is not automatic and relates only to situations involving nonpayment of rent. In order to receive relief from eviction, a tenant at risk for eviction for failure to pay rent must submit a Declaration under penalty of perjury that the tenant meets certain requirements. The Declaration must state … 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

The Expiring Family First Coronavirus Response Act

One of the many unanticipated issues employers have been required to familiarize themselves with and address throughout the pandemic is the quickly passed Family First Coronavirus Response Act (“FFCRA” or the “Act”). In particular, the Act requires most employers (i.e., those with fewer than 500 employees and even those not otherwise subject to the Family Medical Leave Act) to provide paid leave to employees for specific work absences related to COVID-19 and to provide notice to their employees of their rights under the Act. By its terms, the Act is set to expire December 31, 2020. With the new stimulus … Continue reading

The Cloudy Future: What New Statutory Trends Concerning Marijuana Means for Associations

In a historic first, the United States House of Representatives voted on legislation this year that, if passed by the Senate, would de-schedule marijuana from the Controlled Substances Act. The Marijuana Opportunity Reinvestment and Expungement (MORE) Act was originally introduced by House Judiciary Chair Jerry Nadler last fall and passed the Committee by a vote of 24-10 in November. On December 4, 2020, the House passed the MORE Act—the bill passed by a vote of 228 to 164.If enacted into law, the MORE ACT would decriminalize marijuana use at the federal level, expunge federal marijuana convictions and arrests, and, most importantly for … 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

Coronavirus (COVID-19) HOA & Condo Blog Articles

Since February of this year, we have posted a number of articles on how community associations should respond to the coronavirus crisis as well as changes in HOA/condo practices that may need to be considered. For ease of finding, these articles are linked below: The Coronavirus, Flu, and HOA/Condo Association Meetings – 2/26/20 Coronavirus: What Should Homeowner and Condominium Associations Do? – 3/1/2020 “Let’s Have Our Meeting or Convention Online!” – 3/14/2020 How to Hold Your North Carolina HOA/Condo Hearing in a Pandemic – 3/24/2020 Should My Community Close Its Common Areas Due to COVID-19? – 3/25/2020 What to Do … Continue reading

HOA & Condo Holiday and Seasonal Decorations: How to Regulate Without Being a Scrooge!

It is that time of year again. The time when families (especially this year) need a little festive spirit in their lives. As such, many homeowners begin to decorate their homes for the holidays. These decorations can range from a wreath on the door to a Griswold style light show with a ten foot tall inflatable Santa in the front yard. Yikes! Needless to say our firm gets many questions about regulation of holiday and seasonal decorations, especially during the fall and winter months. Can the Association Regulate Exterior Holiday and Seasonal Decorations? As with most homeowner and condominium association questions, the … 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 House of Delegate Meetings

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

Executive Order Imposes New Requirements for Landlords

Governor Cooper signed Executive Order No. 171, which relates directly to residential evictions in North Carolina and attempts to provide some clarity of the CDC Agency Order issued earlier this fall. This Executive Order is effective October 30, 2020 at 5p.m. through December 31, 2020. The CDC Agency Order provides for protection from eviction for nonpayment of rent for certain residential tenants. In order to receive protection, the tenant must submit a Declaration under penalty of perjury that the tenant meets certain requirements. See CDC Moratorium on Evictions for a previous blog post containing more information about the CDC Agency … 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

Justice Beasley Extends Emergency Directive 18 Relating to Evictions in North Carolina

Eviction actions commenced for nonpayment of rent or other fees or charges are subject to Emergency Directive 18, which was extended on September 15, 2020 for an additional thirty (30) days. Under this Emergency Directive, no writ of possession for real property shall be issued in summary ejectment actions commenced on or after March 27, 2020, unless the magistrate or judge concludes that either: (1) the property is not a “covered dwelling” as defined by Section 4024(a)(1) of the CARES Act or (2) the property is a “covered dwelling” and the tenant had 30 days of notice to vacate as … Continue reading

Flags and Political Signs in North Carolina HOAs

With the nation preparing for elections in November, community associations are finding themselves in the crosshairs of a debate over when and how free speech may be exercised by residents in their communities. Impassioned residents want to express their opinions through signs, flags, bumper stickers, t-shirts and even sidewalk chalk decorations, and they may run up against restrictions in their governing documents or local ordinances. After fielding countless questions about this, I put together this blog to provide some general guidance for residents, boards and their members on this issue with a focus on politically focused signs and flags. Let’s … Continue reading

Rezoning Your Property and Other Land Use Changes: Things to Consider

We often believe that as the owners of property that we can use our land however we desire.  As we understand in the HOA and condominium world; that is not the case when there are restrictive covenants and declarations filed that regulate the use of an owner’s property.  But what if you do not own property that is subject to these types of restrictions?  Can you then use your land however you see fit?  The answer to those questions is most likely, no.  Local municipalities have land use ordinances and regulations in place that dictate a designated “use” that is … 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

Reopening Gyms and Fitness Centers in North Carolina’s Phase 2.5: Three Steps to Consider

North Carolina’s “Phase 2.5” allows gyms, fitness centers, and exercise facilities to reopen their doors, so long as they comply with the requirements of North Carolina Executive Order #163. The order’s broad language in defining fitness facilities means that this reopening applies to homeowners associations and condominiums just as much as any other gym or center. This guide is no substitute for reading through the executive order and following the rules it puts in place. However, this guide may be helpful in figuring out what to do and where to start. FIGURE OUT YOUR EMERGENCY MAXIMUM OCCUPANCY. The first step … Continue reading

CDC Moratorium on Evictions

President Trump has issued a directive authorizing the CDC to stop the eviction of some renters effective immediately through the end of 2020, citing public health threats during the pandemic. Under the CDC Agency Order, a landlord “shall not evict any covered person from any residential property in any jurisdiction to which this Order applies during the effective period of the Order.” In order to qualify as a “covered person”, the tenant, lessee or resident of a residential property must provide a declaration under penalty of perjury to their landlord, the owner of the residential property, or other person with … 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