(March 21, 2025) In line with prior announcements (see Treasury Halts Corporate Transparency Act Enforcement for U.S. Businesses), today FinCEN issued an interim final rule eliminating beneficial ownership information (BOI) reporting requirements for U.S. companies and U.S. persons under the Corporate Transparency Act. The rule redefines “reporting company” to include only foreign entities registered to do business in the U.S., thereby exempting all U.S.-formed entities. Foreign reporting companies must still report BOI under revised deadlines but are not required to report U.S. beneficial owners. FinCEN is accepting public comments and plans to finalize the rule later this year. The rule … Continue reading
NC Community Association Legislative Update – March 20, 2025
A Busy Week for HOA and Condo Proposals! Yesterday, House Bill 444 (the “Homeowners Association Reform Bill”) was introduced. (For details, see What House Bill 444 Would Mean for North Carolina Condominium & Homeowners Associations). Today, the trend continued with the filing of Senate Bill 378 (“HOA Revisions”). The structure and tone of SB 378 closely resemble last session’s HB 542, though it introduces several new provisions. Some of these proposals have appeared in previous legislative sessions. (For background, see Legislative Update – NC House Select Committee on HOAs Files New Bill and NC Community Association Legislative Update – February 28, 2024) … Continue reading
NC Community Association Legislative Update – March 18, 2025
What House Bill 444 Would Mean for North Carolina Condominium & Homeowners Associations Today, Tuesday, March 18, House Bill 444 (the “Homeowners Association Reform Bill”) was filed. This is the first bill in the new two-year legislative session that, if adopted, would impact North Carolina homeowner and condominium associations. While some updates to existing laws are necessary, any legislative changes should be made carefully and with common sense. North Carolina has over 15,000 community associations (homeowner and condominium associations) with 2.9 million residents living in them. Any changes that hurt an association’s finances—forcing other homeowners to pay more—or that prevent … Continue reading
Voting in and Around Association Membership Meetings
Important Note: Every community association operates under its own governing documents, and different rules may apply based on state law, bylaws, articles of incorporation, type of association (homeowner association or condominium), and even when the association was created. As a result, this article provides a general discussion of voting methods but is not legal advice. If your association needs guidance on a specific situation, consult one of the community association attorneys at Law Firm Carolinas. We often get questions about how community association membership meetings can vote before, during, and after meetings. With statutory changes made during the past few … Continue reading
Announcing Andrew Brower’s Board Certification in Estate Planning & Probate Law
We’re proud to share that Law Firm Carolinas attorney Andrew Brower is now a Board Certified Specialist in Estate Planning & Probate Law—a distinction held by only 127 attorneys among nearly 30,000 in North Carolina. If you’ve worked with Andrew (whether on a will, or estate-related association matters, or legal issues following an owner’s passing), you already know his expertise. Board Certification recognizes his deep knowledge and commitment, requiring at least five years of focused practice, extensive continuing education, peer endorsements, and a rigorous six-hour exam. Andrew assists individual clients with: For more information, visit Andrew Brower or email him at [email protected].
To Amend or Not Amend the Declaration at a Meeting
Community associations across North Carolina often face significant challenges when attempting to amend their Declaration of Covenants, Conditions, and Restrictions (declaration). While the declaration is critical for maintaining community standards, amending the document can be a complex and arduous process, particularly when relying on a vote at a formal meeting. The High Threshold for Amendment Approval One of the primary difficulties in amending a declaration is the high approval threshold typically required. Most declarations mandate that amendments receive approval from a supermajority of the membership, often ranging from 67% to 75% of the total voting members. Achieving this level of … Continue reading
Celebrating Our Firm’s “Leaders in the Law”: Harmony Taylor and Adam Marshall
Congratulations to my law partners Harmony Taylor and Adam Marshall on being recognized as “Leaders in the Law” by North Carolina Lawyers Weekly! This prestigious award honors attorneys who have made a significant impact in both their profession and community. Harmony focuses her practice on representing community associations (HOAs and condos) and is a Fellow of the College of Community Association Lawyers (CCAL)—one of only 150 attorneys nationwide and just six in the Carolinas. She has co-chaired the NC Bar Association’s Community Association Law Group for the past two years and served for ten years on the NC Legislative Action … Continue reading
“Robert’s Rules of Order Fast Track” Now Available on Audible!
If you enjoy audiobooks and spoken word content, you’ll be pleased to know that Robert’s Rules of Order Fast Track is now available on Audible! Published by DK Penguin Random House, the Fast Track guide is your go-to resource for running efficient and effective meetings. Designed for both newcomers and seasoned leaders, it provides clear, practical insights into the most commonly used motions, simplified procedures for smaller boards, and strategies to keep meetings productive and on track. The book was an Amazon “Hot New Release” and is a Publisher’s Weekly “Editor’s Pick.” Audible, the largest audiobook producer and retailer in the U.S. … Continue reading
Treasury Halts Corporate Transparency Act Enforcement for U.S. Businesses
On Friday we posted FinCEN Pauses Corporate Transparency Act Reporting Penalties Pending New Rule. By Sunday, the death spiral that appears to be the CTA continued, as the US Treasury Department announced suspension of enforcement of penalties and fines under the Act’s beneficial ownership reporting requirements for U.S. citizens and domestic reporting companies. This decision applies both to existing deadlines and future rule changes. Additionally, the Treasury Department plans to propose a rule that will limit the regulation’s scope to foreign reporting companies. The move aims to ease regulatory burdens on American taxpayers and small businesses while ensuring the rule … Continue reading
Requirements for NC Real Estate Brokers That Manage Associations
Community managers of larger homeowner and condominium associations often hold professional designations that demonstrate their expertise and experience in managing association responsibilities. These credentials signify specialized training in financial oversight, legal compliance, and operational management, ensuring associations are efficiently and ethically managed. Some of the most recognized community association management credentials include: For details on these credentials, visit the Community Associations Institute’s Professional Credentials page. Some community managers are also licensed North Carolina Real Estate Brokers. (FYI, I’ve been a broker for 43 years–how time flies!) This month’s eBulletin from the NC Real Estate Commission reminds licensees that when a … Continue reading
FinCEN Pauses Corporate Transparency Act Reporting Penalties Pending New Rule
On Thursday, February 27, FinCEN announced that it does not plan to issue fines, penalties, or take enforcement action against companies that miss deadlines for filing or updating Beneficial Ownership Information (BOI) under the Corporate Transparency Act. No penalties will be applied until new interim final rules takes effect. By March 21, 2025, FinCEN intends to issue a rule extending BOI reporting deadlines and providing clearer guidance. This decision reduces regulatory burdens while ensuring BOI reporting focuses on entities posing the greatest national security risks. For more details, visit FinCEN Not Issuing Fines or Penalties in Connection with Beneficial Ownership … Continue reading
Corporate Transparency Act Stay Lifted–FinCEN Announces New Filing Dates
As the result of a ruling on February 17th by the the US District Court for the Eastern District of Texas, the nationwide stay of the Corporate Transparency Act has now been lifted. CTA Beneficial Ownership Information filing requirements to FinCEN are back in effect. FinCEN has announced a new filing deadline of March 21, 2025 for most companies. Details can be found at FinCEN Extends Beneficial Ownership Information Reporting Deadline by 30 Days. General information on Beneficial Ownership Information filing requirements can be found at https://www.fincen.gov/boi.
Podium, Lectern, Dais: What’s the Difference?
As Parliamentarians, my law partner Carole Albright and I often find ourselves on stage assisting with the organization and procedure of meetings. In that setting, we frequently hear people use the terms podium, lectern, and dais interchangeably. In reality, they refer to distinct objects with specific purposes. While these are not exclusively parliamentary terms, understanding their proper usage helps maintain clarity. I once heard association staff ask the AV professionals to bring in a “podium” when a “lectern” was needed. Using the correct terms can both prevent confusion as well as show professionalism. Let’s break down the differences between the … Continue reading
NC Hog Farm Lawsuits: Understanding the Legal Battle Over Nuisance Claims
In recent years, North Carolina has been at the center of a legal battle concerning hog farming operations and their impact on surrounding communities. Numerous lawsuits have been filed against major pork producers, with residents alleging that these farms create unbearable living conditions due to odor, pollution, and other environmental hazards. These cases highlight the ongoing conflict between agricultural industry practices and property owners’ rights under North Carolina nuisance laws. Background of the Hog Farm Lawsuits North Carolina is one of the nation’s top pork-producing states, home to thousands of industrial-scale hog farms. These farms utilize large lagoons to store … Continue reading
Selecting a Vendor for Your Community Association
Selecting a vendor for a project or professional service is one of the more important duties of the board of directors in a homeowners or condominium association. It is one of the areas where the board must exercise its best business judgment. The NC Nonprofit Corporation Act (“Nonprofit Act”) gives guidance on the duties and liabilities of board members. Specifically, board members must discharge their duties: The board should keep these principles and duties in mind when they are making any decision for the association, but it comes into play quite frequently when selecting vendors. As we all know, there … Continue reading
The Importance of a Tellers’ Report in Documenting Votes Under Robert’s Rules of Order
Most managers, board member and attorneys in the community association industry have found themselves dealing with a hotly contested vote or election. Sometimes the end of voting is just the start of further challenges, with bickering over who voted, how they voted, and who really won. An effective way to document and report on voting outcomes is through a tellers’ report. If you don’t regularly peruse your copy of Robert’s Rules, you may not know what this is, so this blog will tell you what a tellers’ report is, how to prepare one, and what it can do for your … Continue reading
2025 Community Association Law Seminar Highlights Emerging HOA/Condo Legal Issues
Each year attorneys from our firm participate in the Community Associations Institute’s (CAI) national Community Association Law Seminar. This event provides an unparalleled opportunity for continuing legal education, networking with other attorneys who practice HOA/condo law, and exploring community association legal trends. This year’s seminar was particularly noteworthy, as Law Firm Carolinas attorney David Wilson was inducted into the prestigious College of Community Association Lawyers (CCAL). Established by CAI in 1993, CCAL recognizes attorneys who have demonstrated exceptional contributions to the practice of community association law through their writings, teachings, and industry involvement. Of the thousands of attorneys practicing in … Continue reading
US Supreme Court Rules on Corporate Transparency Act Injunction
In the ongoing ping-pong game that is the Corporate Transparency Act, today (January 23) the US Supreme Court has allowed the government to enforce the CTA, which requires businesses to disclose their beneficial ownership information. This decision lifts the prior injunction and permits the law’s implementation while its constitutionality is reviewed by the Fifth Circuit. Arguments are scheduled to be heard on March 25. Justice Neil Gorsuch supported immediate action to clarify universal injunctive relief, while Justice Ketanji Brown Jackson dissented, arguing the government failed to demonstrate urgency. To read the case, visit Supreme Court opinions. Based on recent history, we anticipate that FinCEN will soon … Continue reading
Do Committee Recommendations Require a Second?
Recently, I’ve been tackling some common procedural myths—those phrases and practices you often encounter in meetings but aren’t necessarily accurate. If you’d like to explore some recent examples, check out these posts: One phrase frequently heard in meetings, particularly board meetings, is: “Because the motion is from a committee, it doesn’t need a second.” But is this actually true? Let’s unpack it. Setting the Record StraightFirst, let’s address the stakes: Regardless of your approach, the parliamentary police won’t show up at your meeting. That said, a presiding officer demonstrates leadership by using proper parliamentary phrasing, which helps maintain professionalism and … Continue reading
Chris Gelwicks to Join Law Firm Carolinas on February 3
Chris brings over 25 years of expertise in representing homeowners and condominium associations with their formation, operations, collections, and litigation. In addition, with 60+ jury trials, countless bench trials, and mediations across North and South Carolina, he offers impressive litigation experience. Chris has represented clients in trial and appellate courts, including the North Carolina Supreme Court, and is a recognized authority in the field. A sought-after speaker, Chris has presented at national and regional CAI conferences, as well as NC and SC Bar CLEs. He also serves on the Case Law Update Team for the Community Associations Institute. We are excited … Continue reading