Nomination Procedures for Elections

If you are administering an election for your group or association, then you may have questions about how the nomination process works. Do you need to use an election committee? What are nominations from the floor? What about other methods of doing nominations? Fortunately, it’s not as difficult as it may seem. There are six different methods: (1) nominations by the chair, (2) nominations from the floor, (3) nominations by a committee, (4) nominations by ballot, (5) nominations by mail, and (6) nominations by petition.  Nominations by the Chair is when the Chair selects candidate(s) for a position.  Typically, this method is not … Continue reading

Frequent Asked Questions about Foreclosure Sales

More than ever, people are buying property through foreclosures.  Do you want to buy property at a foreclosure sale, but you have questions about the process?  If so, then this article is for you.  For a general explanation of the foreclosure sale process, take a look at this previous article.  However, some common but more specific questions that people have about the foreclosure sale process are: Where does the sale take place?  Well, by law the notice of sale must contain the location where the sale is going to be conducted. Most sales are noticed to be conducted on the … Continue reading

New NC Appellate Case: Executive Office Park of Durham Association, Inc. v Rock (Older Condo Collections)

Today, Tuesday, May 18, 2021, the NC Court of Appeals issued its decision in Executive Office Park of Durham Association, Inc. v. Rock.  The decision may impact collections in older condominiums, and is a “published” decision. That means the decision is controlling legal authority and can be cited in other cases. In this case, an older condominium association (meaning the association was not fully subject to the NC Condominium Act) was attempting to collect disputed and unpaid assessments, fines, interest, and fees from an owner of several units within the condominium.  The association followed the collections provisions of the NC Condominium … Continue reading

Is Your Association Having Trouble Holding A Membership Meeting? The Emergency Bylaws Provision Of The North Carolina Non-Profit Act May Be Able To Help!

In these difficult times (thanks to the COVID-19 virus) and local and statewide orders prohibiting gatherings to protect public health, it is likely impossible to physically gather all of the people required to hold your Association’s membership meeting.  If your Association’s governing documents allow holding an electronic or telephonic meeting, then that is a great option.  We have previously written regarding the best ways to hold electronic or telephonic meetings However, even if your governing documents do not provide any authority to hold an electronic or telephonic membership meeting, you do not necessarily need to postpone your meetings.  Your Association … Continue reading

Common Misconceptions for HOA or Condo Board Members

Do you serve on the Board of Directors of a Community Association?  If so, here are some common misconceptions that can cause problems for many boards— Meeting Minutes. Does your board keep minutes of its meetings?  If not, then your board should.  Second, your board meeting minutes should be a record of what was done at the meeting, not what was said.  There is no need to record everything that is said.  Instead, simply record actions that were taken by the board (i.e. approved budget, approved new landscaping contract, etc.) Quorum.  Quorum is the minimum required number of directors that … Continue reading

Buying Property at Foreclosure Sales

So, are you thinking of purchasing property at a foreclosure sale?  Perhaps you think that you can make a lot of money buying a house in foreclosure, and then flipping it.  Certainly some people do very well doing just that.  HOWEVER if it looks too good to be true, then it likely is. Before you bid in a foreclosure sale, there are several things to consider.  First, understand how foreclosure sales in North Carolina work.  The foreclosure sale is going to be set for a specific time between 10 am and 4 pm on a day the courthouse is open.  … 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

Budget Ratification Meetings Basics – What You Need to Know

The Planned Community Act and the Condominium Act require most homeowners associations and condominium associations to hold budget ratifications meetings.  What are these meetings? A budget ratification meeting is a meeting of the owners of the association to review the proposed budget that has been adopted by the executive board.  The budget ratification meeting has a number of different requirements and provisions that are unlike other meetings of a community association.  Notably, a budget ratification meeting does not have a quorum requirement, which is dramatically different from typical annual or special meetings. In addition, the budget ratification meeting has special … Continue reading

Challenging the Chairman of a Meeting

Have you ever been at a meeting that you did not believe was being run properly?  Is the chair ruling every motion out of order?  Were you unsure on what you could do or did you feel like there was nothing you could do?  Fortunately, there are actions that you can take in these situations.  If your group utilizes Robert’s Rules of Order Newly Revised, then there are several procedures that allow you to challenge the chair if you believe the meeting is not being run properly. One procedure some people might not be aware of to challenge the ruling … Continue reading

Using the Motion to End Debate to Keep Meetings on Time

I am regularly asked how to keep a meeting from going on too long. While there are avariety of different procedural tools that can keep a meeting from running on forever, the motion to end debate (also known as the motion for the previous question) is probably one of the best procedural options available if your group utilizes Robert’s Rules of Order Newly Revised. Put simply, the motion to end debate is the motion that seeks to end discussion now and to take a vote on a pending question (or questions). The motion requires a second and then a two … Continue reading

Voting by Proxy at Homeowner Association Meetings

  If you cannot attend the annual meeting for a homeowners association but you still want your vote to count, then voting by proxy might be for you! The planned community act allows a member of most homeowner’s associations to appoint a proxy to vote (or take any other action) for that member at a meeting (though this provision of the planned community act does not apply to all homeowners associations). The best way to appoint a proxy is to sign and date a form designating someone else to vote in your place at the meeting. If your proxy appointment … Continue reading

Defenses in Foreclosure Hearings

  If you have failed to make payments on a residential or commercial mortgage, then the mortgage company can ask the trustee under the deed of trust to foreclose on the property.  The trustee is the neutral intermediary set by the deed of trust who brings a foreclosure proceeding if payments owed according to the note and deed of trust are in default.  In a foreclosure proceeding, a hearing will be held before the clerk of the superior court of the county where the property is located, and the trustee at that hearing will request the clerk enter an order … Continue reading