Powers of attorney and guardianship are legal tools used to assist individuals who may be unable to manage their affairs. However, the two differ significantly in their application, implications, and the level of autonomy they afford to the individual. Guardianship is often considered a last resort due to its intrusive nature and the significant loss of rights it imposes on the individual. Powers of Attorney A power of attorney is a legal document where a principal (the person signing the document and granting the power) appoints an agent (the person receiving the power) to make decisions on their behalf. The … Continue reading
Waiving Inspections During the Home Buying Process, Is the Risk Too Great?
In recent years, due to extreme market competition, prospective buyers are often foregoing home inspection contingencies to make their offer stand out in order to get preferential treatment for acceptance. When this process does consummate in a purchase closing without a home inspection, it is common that the buyer might regret that decision if they identify major property defects after moving in. Those who discover costly defects could end up financially stressed as new homeowners who are living with buyer’s remorse after making a rushed home purchase in the frenzied market. In any market, you can protect yourself by discussing … Continue reading
Ranked Choice Voting & Robert’s Rules of Order
Ranked Choice Voting in the News Ranked-choice voting (RCV) has received growing attention in recent elections. Just last month it was used in the New York City Democratic mayoral primary, where voters could rank up to five candidates in order of preference. If no candidate received more than 50 percent of the first-choice votes, the candidate with the fewest votes was eliminated in successive rounds, with those votes redistributed to the next choice on each ballot. That process continued until Zohran Mamdani secured a majority vote and was declared the Democratic nominee on July 1. Why the growing interest in … Continue reading
It’s Time to Reconsider the Motion “to Reconsider Everything”
If you haven’t been involved with the National Education Association (NEA) or a state affiliate, the title of this article might seem odd. But for decades, there’s been a practice where delegates at the national Representative Assembly or state conventions move to “reconsider all new business items” or “reconsider all items voted on until now.” This motion doesn’t actually intend to reopen every past decision. Instead, it takes advantage of a feature of the motion to Reconsider in Robert’s Rules of Order (12th Edition). That motion allows an assembly to revisit a single motion if someone believes a mistake was … Continue reading
How Homeowners Associations Can Regulate Satellite Dish and Antenna Placement Despite OTARD
Homeowners’ associations (HOAs) are established to maintain the aesthetic value and overall harmony of residential communities by setting rules, often outlined in covenants, conditions, and restrictions (CC&Rs). One area where these regulations often intersect with federal law is the installation of satellite dishes and antennas. In 1996, the Federal Communications Commission (FCC) enacted the Over-the-Air Reception Devices (OTARD) rule to protect homeowners’ right to install these devices, ensuring they can access communication services like satellite television and radio. However, while OTARD protects the right to install these devices, it also allows HOAs to impose certain limitations to maintain the appearance … Continue reading
Can a Bank Refuse to Accept a Power of Attorney?
I always tell clients that the law is not always applied perfectly when interacting with the practicalities of the real world and real people. In other words, even when a person has the legal authority to take some action, they may still run into obstacles and red tape. For example, a bank teller or call center representative may initially tell a client something different than their attorney. Banks and other financial institutions generally do business in multiple jurisdictions, and even with training, are often confused regarding specific state laws surrounding wills, trusts, and powers of attorney. These matters spark confusion … Continue reading
Don’t Throw That Away! Litigation Holds in North Carolina
Any good lawyer knows that many cases are won, and lost, long before the client reaches out for assistance. Disputes can arise slowly over time and sometimes it is not clear that the parties will end up at odds or court until a significant amount of time has passed and information that would be useful or necessary has been lost. This blog addresses the concept of a litigation hold- when to do it, when to ask for it, and how to document your response. A litigation hold, also known as a document preservation notice, is a directive issued to ensure … Continue reading
Recent Community Association Detention Pond Litigation
Detention ponds are becoming more and more common in both single family and townhome community associations. Many counties in both North and South Carolina require detention pond installation in any new development. At their most basic, detention ponds are designed to perform two main functions; to collect and store storm water runoff, and to slowly release the water so that the sewers and waterways aren’t overwhelmed. In almost all cases a detention pond within a community association will be considered common area and therefore the association will likely be charged with its maintenance as provided in the declaration. Often detention … Continue reading
Jonathon Woodruff Named Partner at Law Firm Carolinas
Jonathon Woodruff has been named a partner at Law Firm Carolinas, which has five offices in North and South Carolina. A graduate of North Carolina Central University and Campbell University School of Law, Jonathon has experience in both civil and criminal law. He now focuses on representing community associations (HOAs and condominium associations) and supervises the firm’s association assessment collections practice. Congratulations, Jonathon!
Understanding North Carolina’s Law on Landscaping Irrigation During Droughts
In North Carolina, homeowner and condominium associations often have rules requiring owners to maintain attractive landscaping, which may include watering lawns, trees, or shrubbery. But what happens when the state is facing a severe drought and water restrictions are imposed? As temperatures are getting warmer in North Carolina, this is always a possibility. North Carolina General Statutes § 47F/C-3-122, offers guidance and important limitations for both associations and homeowners during periods of drought. Here’s what community associations need to know: Key Takeaway: Irrigation Requirements Cannot Override Drought Restrictions These statutes were designed to prevent associations from enforcing irrigation requirements during … Continue reading
Who’s On My Association Board?
Condominiums and community associations function best with reasonable communication between the board and the membership. That can only happen if the members know who serve them. To make sure that everyone knows who is on the board and who is managing their association, both the NC Planned Community Act and the NC Condominium Act require certain board member disclosures. N.C. General Statute 47F-3-103(f) (for planned communities) and N.C. General Statute 47C-3-103(g) (for condominiums) state that associations must publish the names and addresses of all officers and board members within 30 days of their election or appointment. For directors and officers … Continue reading
NC Community Association Legislative Update – June 12, 2025
There’s a well-known quote that says, “Laws are like sausages. It’s better not to see them being made.” It’s credited to Otto von Bismarck and means that the legislative process can be messy and confusing. That idea came to life this week in the North Carolina Senate. As a reminder, Senate Bill 378 (“HOA Revisions”) was passed by the NC Senate in May. It is now being looked at by the North Carolina House. The bill includes too many provisions to list here and would be the most radical change to the NC Planned Community Act and NC Condominium Act … Continue reading
Board Codes of Conduct & The Consequence of Violations
As attorneys and professional parliamentarians, Carole Albright and I advise many associations across the country, including some of the largest and most complex. Our work frequently involves helping with governance documents, meetings, and disciplinary matters. In the past decade, we’ve seen a noticeable increase in questions related to board “codes of conduct” (or “codes of ethics”) which tend to fall into two categories: Without turning this into a Parliamentary Law 301 course, we have some general observations. But because no single article can address every type of association, under all state laws, whether incorporated or not, across all industries, these … Continue reading
Know Before You Go to the Mic: Using Points and Requests Correctly
Each year, Carole Albright—also an attorney and Professional Registered Parliamentarian—and I attend numerous conventions, annual meetings, and representative assemblies. Lately, we’ve noticed two major changes in these gatherings: members are more engaged at these meetings than ever, and there seems to have been a generational shift in who’s attending. Since the pandemic, many seasoned delegates familiar with parliamentary procedure are no longer present. In their place are newer, often younger members—enthusiastic, but sometimes unfamiliar with the more formal meeting rules necessary in larger groups following Robert’s Rules of Order (or some version of “Sturgis” or the AIP Standard Code). This … Continue reading
Senate Bill 378 Could Devastate North Carolina’s Community Associations—And Burden Responsible Homeowners
Senate Bill 378, recently passed by the North Carolina Senate, contains a provision that could unintentionally cause enormous financial harm to North Carolina’s 15,000+ homeowner and condominium associations. If left uncorrected, this language would punish the homeowners who pay their dues on time—while giving a free pass to those who don’t. A Well-Intentioned Bill With a Deep Flaw SB 378 was introduced to address concerns about associations overreaching—particularly when it comes to violations of rules and covenants. That’s a fair issue to explore. Many agree that when disputes arise over governing document violations—where facts may be unclear or subjective—a judge … Continue reading
NC Community Association Legislative Update – May 7, 2025
SB 378 Passes Senate Senate Bill 378 (“HOA Revisions”) passed its third reading in the North Carolina Senate today. However, this does not mean its provisions are now law. For any bill to become law, it must be approved by both the Senate and the House in identical form. SB 378 now moves to the North Carolina House for further consideration. Here’s a summary of key provisions: The full bill can be found at Senate Bill 378.
The Hierarchy of Last Wills in North Carolina
In North Carolina, there are three types of wills, each with specific requirements outlined in Chapter 31 of the North Carolina General Statutes. While all three types are recognized, only a specific subset of one type should be used when planning your estate. In this blog, I will summarize the different types of wills and explain why a self-proved attested will is the only type of will that should be used for estate planning. Attested Written Wills and the Crucial Subset: Self-Proving Wills An attested written will is a written document signed by the testator (i.e., the will maker) and … Continue reading
Domestic Violence Protective Orders (DVPOs) on Behalf of Children
Imagine a mother, Jane, and her 10-year-old son, Alex. Alex’s father, who shares custody, has been physically abusive toward Alex during visits. Jane is frightened for Alex’s safety and wants a domestic violence protective order (DVPO) to protect herself and her child. Jane contacts her local domestic violence clinic, asks the personnel at her local courthouse and consults the internet for how to proceed. She learns that she has two options. (1) She can file a DVPO as Alex’s Guardian Ad Litem (GAL), which means the case would list Alex as the plaintiff and Jane would be appointed to speak … Continue reading
Proper Use of “Friendly Amendments” During Meetings
At meetings conducted under parliamentary procedure, you may hear references to a “friendly amendment.” Despite how common the term has become, Robert’s Rules of Order barely addresses the concept—and did not mention “friendly amendments” at all until the 10th Edition, published in 2000. The current Robert’s describes a friendly amendment as “an amendment offered by someone who is in sympathy with the purposes of the main motion, in the belief that the amendment will either improve the statement or effect of the main motion, presumably to the satisfaction of its maker, or will increase the chances of the main motion’s … Continue reading
Jim Slaughter Elected Fellow of the Prestigious American College of Real Estate Lawyers
Jim Slaughter, a partner at Law Firm Carolinas, has been elected a Fellow of the American College of Real Estate Lawyers (ACREL)—the premier national organization of real estate attorneys. Among nearly 30,000 attorneys practicing in North Carolina, only 18 currently hold this distinction. Jim is the only private practice attorney from North Carolina admitted to ACREL this year. Founded in 1978, ACREL is an invitation-only organization that selects members based on demonstrated excellence, substantial experience, and the highest standards of professional conduct in real estate law. Selection follows a rigorous peer-review and screening process. Jim’s practice has spanned the full … Continue reading