Congratulations to Law Firm Carolinas partner Adam Marshall, who has been elected to the Greensboro City Council. A lifelong Greensboro resident and experienced attorney, Adam has long served the city through leadership (often as Chair) on key commissions and boards, including the: He ran a positive campaign and secured a commanding victory, by capturing 67% to 33% of the votes—an impressive achievement in these divisive times. Adam’s solid understanding of city government, steady temperament, and interest in working with others to find practical solutions will make him an excellent member of the Greensboro City Council. Congratulations, Adam!
Harmony Taylor Elected to National Board of Community Association Lawyers
While I don’t know how the national elections will go today, here’s one I can call— Congratulations to Law Firm Carolinas partner Harmony Taylor, who has been elected to the Board of Governors for CAI’s College of Community Association Lawyers (CCAL)! Given that there are only seven members of the CCAL Board nationwide, Harmony’s election signifies the respect in which she is held by community association attorneys across the country. The College, established in 1994, recognizes excellence in the practice of community association law. Of the thousands of attorneys who work with homeowner and condominium associations in the United States, … Continue reading
Attorneys Charles Meier and Bonnie Braudway Join Law Firm Carolinas
Law Firm Carolinas is pleased to announce that the attorneys from Marshall Williams & Gorham, one of Wilmington’s oldest law firms, will join the firm on November 1. For more than 60 years, Marshall Williams & Gorham has served clients throughout southeastern North Carolina in civil litigation, real estate, business, community association (HOA/condo), and estate matters. Joining Law Firm Carolinas’ statewide community association practice are Charles Meier and Bonnie Braudway. Charles Meier brings more than 40 years of legal experience representing community associations, real estate, construction, foreclosure, and commercial clients. He has appeared before state and federal courts, including the … Continue reading
Is Your Dislike of Another Board Member a Breach of Your Fiduciary Duty?
These are trying times. Whether because of the political climate, social media, or the stresses of modern life, poor conduct at meetings has become common. As attorneys and experienced professional parliamentarians, Carole Albright and I assist with many meetings of every size each year. Members, and even directors, seem shorter and snappier than ever. We increasingly hear directors say things like: “I can’t work with that board member.” “I won’t be in the same room as that director.” “Can’t we handle everything by email?” The answer to that last one is no, but the real issue runs deeper. Directors don’t … Continue reading
NC Community Association Legislative Update – October 23, 2025
Senate Bill 378 Update: HOA Provisions Removed—But Likely to Reappear Senate Bill 378 was originally entitled “HOA Revisions” and would have significantly impacted North Carolina’s 15,000 HOAs and condominiums. (See our prior post: Senate Bill 378 Could Devastate North Carolina’s Community Associations—And Burden Responsible Homeowners, for details on the original proposal. As of October 22, the bill has been completely rewritten. It is now titled “Align Medicaid Eligibility with Federal Law” and contains no HOA or condominium provisions. You can view the new version here. For those less familiar with the legislative process, this may seem an odd development. However, … Continue reading
HUD Shifts Fair Housing Enforcement Priorities
The U.S. Department of Housing and Urban Development (HUD) has released two new documents that signal a major change in how the agency will enforce the Fair Housing Act. The memoranda (“Fair Housing Act Enforcement and Prioritization of Resources” and “Notice of the Withdrawal of FHEO Guidance Documents”) withdraw several earlier HUD guidance statements and outline a narrower, case-by-case approach to investigations. Under the new policy, HUD will focus its resources on intentional and systemic discrimination rather than on broad theories of “disparate impact.” The agency has also rescinded prior guidance on issues such as criminal background checks, limited English … Continue reading
The Four Governing Documents That Shape Every HOA and Condo
How They Work Together and When They Need Updating Every community association–whether a homeowners association (HOA) or condominium–operates under a set of governing documents. Together, these documents define how the community functions, what owners may or may not do, and how decisions are made. Although most owners are familiar with the “rules,” few realize how those rules fit into a hierarchy of authority or how and when those documents should be updated. Declaration of Covenants The Declaration (sometimes called the “Covenants,” “CCRs,” or “Restrictions”) is the document filed with the county that created the community association. It is a contract … Continue reading
Plugging In: How Community Associations Can Prepare for Electric Vehicle Charging
Electric cars have become a more common sight in driveways and parking lots across the country. As drivers have switched to electric vehicles (EVs), many homeowners and condo associations are being asked about installing electric vehicle charging stations (EVCS). The idea sounds simple—just plug in and charge. But there’s more to it. Associations have to think about safety, cost, and how charging stations fit within their community rules. With good planning and clear policies, boards can meet residents’ needs while keeping things fair for everyone. Understanding Electric Vehicles and Charging Stations There are three main kinds of electric vehicles: Charging … Continue reading
Lessons Learned to Enforce Restrictive Covenants in NC and SC
Restrictive covenants are a cornerstone of community association governance, providing a framework for maintaining the character and harmony of residential developments. However, these covenants, which function as binding agreements between property owners, are often the subject of disputes that test the balance between individual property rights and the collective interests of the community. It is important for community managers and board members to understand how courts approach certain issues and be familiar with recent legal trends. The recent case of Fowler v. Burnham out of Florida provides important insights into the enforceability of restrictive covenants when an injunction is sought … Continue reading
Dealing with Difficult Members at Meetings
Every board, committee, or membership meeting eventually faces “problem members.” They may be disruptive by design or simply enthusiastic to a fault. Fortunately, presiding officers have proven tools—parliamentary and interpersonal—for steering meetings back on track. The Over-Participator Some members feel compelled to speak on every issue, often multiple times. If your parliamentary authority is Robert’s Rules of Order Newly Revised or The Standard Code of Parliamentary Procedure, rules can help balance participation: In smaller boards or informal settings, the chair can still enforce balance by inviting comments from those who haven’t spoken. If necessary, the chair should act as a … Continue reading
What is Residential Use and What’s Allowed in an HOA?
One of the most common restrictions found in the governing documents of a homeowners association is that individual property be used only for “residential purposes.” Similar to how a picture is worth a thousand words, residential use can encompass a broad array of ideas and uses. In one recent case out of Nevada, an HOA adopted a rule aimed at clarifying the residential use in their community. NOTE: This is a case from Nevada and has no precendential value in North Carolina or South Carolina. However, important lessons may be gleaned from it. Homeowners in the Cold Canyon Homeowners Association … Continue reading
HOAs Generally Not Obligated to Intervene in Homeowner Disputes
As an attorney, I read cases from all over the country on various HOA and condo topics and I’m always on the lookout for interesting or noteworthy decisions that might have an impact in North Carolina or South Carolina where I practice. In a recent case out of California, several neighbors got into a fight and their HOA was sued by two of the participants in the fight. Quick note 1—this case is not a NC or SC case, and is not binding on any community in North Carolina or South Carolina. However, there are important takeaways from the case … Continue reading
Failure to Enforce Restrictive Covenants May Make Them Unenforceable
Authored by Ryan Futrell and David Wilson I am often asked to give an opinion on whether a particular restrictive covenant is enforceable. In most cases the answer is “yes.” Occasionally, however, there are factors that may make the restriction unenforceable. In a recent case from South Dakota, homeowners learned the hard way that their failure to enforce their restrictive covenants in the past prevented them from enforcing them when it mattered most. Note: Although this case is not legally binding in North or South Carolina, it is instructive and teaches an important lesson that communities in North Carolina and … Continue reading
Failure to Enforce Restrictive Covenants May Make Them Unenforceable
Authored by David Wilson and Ryan Futrell I am often asked to give an opinion on whether a particular restrictive covenant is enforceable. In most cases the answer is “yes.” Occasionally, however, there are factors that may make the restriction unenforceable. In a recent case from South Dakota, homeowners learned the hard way that their failure to enforce their restrictive covenants in the past prevented them from enforcing them when it mattered most. Note: Although this case is not legally binding in North or South Carolina, it is instructive and teaches an important lesson that communities in North Carolina and … Continue reading
Top 3 Questions to Ask a Real Estate Lawyer
If you plan to sell or buy residential or commercial property, one of the most important tasks as part of that process is hiring a real estate attorney. A North or South Carolina attorney needs to be involved in many parts of the closing process in their respective states and can provide guidance along the way to make sure your transaction closes efficiently and effectively for all parties. Below are examples of questions you may want to ask a real estate lawyer though it is customary that we can assist with many other items not listed, just give us a … Continue reading
The “One Big Beautiful Bill Act’s” Impact on Estate and Gift Tax
Regardless of one’s views on the controversial One Big Beautiful Bill Act (“OBBBA”), it undoubtedly provides estate planners with certainty regarding the future of the estate and gift tax exclusion. Under the 2017 Tax Cuts and Jobs Act, the gift and estate tax exclusion was effectively doubled, but this increase was scheduled to sunset at the end of 2025. That sunset would have lowered the unified gift and estate tax exemption to just over $7 million in 2026, compared to $13.99 million in 2025. Over the past decade and a half, the unified gift and estate exclusion has been based … Continue reading
House Bill 992 Has Passed and Reforms Intestacy Laws for Children Born to Unwed Fathers
As I discussed in a prior blog, North Carolina has rather archaic laws regarding paternity and legitimization. In estate and probate matters, these issues arise when a father dies without a will (i.e., intestate) and leaves behind children born out of wedlock, where the father did not subsequently marry the mother or otherwise legitimate the child through the courts. In such cases, N.C.G.S. § 29-19(b) governs whether the child is considered an heir of the father and eligible to inherit via intestate succession. In general, children born out of wedlock do not inherit from their father via intestate succession. However, … Continue reading
Powers of Attorney Versus Guardianship and Why Guardianship is a Last Resort
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