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
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