Are you an attorney licensed in North Carolina and South Carolina, or eligible for licensure in both states using a recent UBE score? Are you looking for a friendly and collaborative work environment with a culture that supports a balanced professional life? If so, Law Firm Carolinas (www.lawfirmcarolinas.com) is seeking an attorney with 0 to 3 years of experience to join our offices in Raleigh, Greensboro, or Charlotte. This position involves working with homeowner and condominium association clients on a variety of matters, including: Qualifications: Why Join Us?This is an excellent opportunity for motivated individuals who are eager to produce … Continue reading
FinCEN Issues Key Guidance on Corporate Transparency Act Filings
Last week, we shared an update (Corporate Transparency Act Blocked Nationwide by Texas Federal Court) on Judge Mazzant of the U.S. District Court for the Eastern District of Texas issuing a preliminary nationwide injunction against the Corporate Transparency Act (CTA), effectively halting its enforcement nationwide. Naturally, this decision has raised many questions, including, “What does this mean for our community?” In response, the Financial Crimes Enforcement Network (FinCEN), which oversees Beneficial Ownership Information (BOI) reporting, has issued a formal statement addressing the matter. While the statement is available on the FinCEN website at https://fincen.gov/boi, it may be challenging to locate. … Continue reading
Marshall & Wilson to Present at 2025 CAI National Law Seminar
Attorneys Adam Marshall and David Wilson of Law Firm Carolinas will be presenters and speakers at the Community Associations Institute (CAI) 2025 National Law Seminar. The annual seminar is put on by the College of Community Association Lawyers (CCAL) and is the premier legal event for community association lawyers and other industry professionals. Their topic is titled “Weathering the Storm: Getting Your Community Clients Through PR Nightmares.” Every attorney who works with community associations will at times have to help their clients navigate potential PR disasters—whether combatting false narratives, half-truths, & other misleading statements from a vocal minority or speaking … Continue reading
Corporate Transparency Act Blocked Nationwide by Texas Federal Court
The federal Corporate Transparency Act (CTA) applies to most community associations and has certain federal filing requirements that start as to existing HOAs and condos on January 1, 2025. For more details, see our prior blog posts (What Is the “Corporate Transparency Act” and Why It Matters to Your Association and Directors, Update on The Corporate Transparency Act: Tips for Managers and Board Members, Be Aware of Corporate Transparency Act (CTA) Scams!) or these videos by my law partner Steve Black: Manager’s Update on Corporate Transparency Act or Board of Directors Update on the Corporate Transparency Act. However, yesterday, December … Continue reading
Suspended Voting Rights Meant Homeowner Couldn’t Run for Board
In a recent case from Colorado, the Colorado Court of Appeals held that an HOA could prevent a homeowner whose voting rights had been suspended from running for election to his board of directors. To read the entire Colorado case, here is a link: Majersky v. LCM Property Management, Inc., No. 24CA0046 (Colo. App. Oct. 10, 2024). NOTE: Although this case is not binding in North Carolina or South Carolina, it may still be helpful to take a look at the reasoning used by the Colorado court. Gregory Majersky was a homeowner in the Summerfield Villas Homeowners Association. The professional … Continue reading
Be Aware of Corporate Transparency Act (CTA) Scams!
Recently one of our clients received a solicitation titled “Mandatory Beneficial Ownership Reporting.” It was noted as form 5102 and states that there is a filing fee of $119.00. The form looks very legitimate and like any other tax form you might receive from the federal government. However, beware of these types of solicitations, as the form received is a known scam. It is important to note that there is no governmental fee associated with filing Beneficial Ownership Information (BOI). The Financial Crimes Enforcement Network (FinCEN), the governmental entity where BOI is to be reported, has published the following Alert: … Continue reading
IRS Releases Tax Inflation Adjustments for 2025
Around late October or early November, the IRS announces annual inflation adjustments for the following tax year. On October 22, 2024, the IRS published Rev. Proc. 2024-40, which provides these adjustments and changes to other tax provisions for 2025. In this blog, I will reiterate how the basic and annual gift and estate tax exclusions operate and provide the increases for 2025. Basic Exclusion The basic exclusion for decedents who die in 2025 will be $13,990,000, up from the 2024 basic exclusion amount of $13,610,000. The basic exclusion serves as the unified credit against gift and estate tax for an … Continue reading
The Bifurcation of Estate Administration and the Pitfalls of Individual Beneficiary Designations
The use of individual beneficiary designations offers several advantages and disadvantages that should be carefully considered when engaging in estate planning. One of the primary benefits of using beneficiary designations is the ability to bypass probate, allowing for a timelier transfer of assets upon the account owner’s death. Once upon a time, estate planning attorneys would instill fear in clients regarding probate fees and red tape, leading to the promotion of revocable living trusts which also avoid probate. While the living trust still reigns supreme for efficient estate planning, the reasons for such have changed dramatically over the past decades. … Continue reading
Special Needs Planning in North Carolina
Special needs planning in North Carolina is an important estate planning consideration for any family with disabled or elderly members. The most prominent tool used in special needs planning is the Special Needs Trust (“SNT”). An SNT is designed to preserve assets for a beneficiary without jeopardizing their eligibility for means-tested government programs such as Medicaid and Social Security Disability. The trustee of an SNT has the discretion to distribute income and principal for needs not covered by government programs but is prohibited from making distributions that supplant the services covered by those programs. This allows the SNT to supplement … Continue reading
Do You Love Your Pet to Death? Let’s Talk Pet Trusts and Other Honorary Trusts in NC
In North Carolina, under N.C.G.S. § 36C-4-408, pet trusts are a legally recognized means to ensure the care of one or more designated domestic animals or pets that are alive at the time the trust is created. Such trusts are valid and the assets in the trust must be used exclusively for the benefit of the designated animals. The statute explicitly prohibits the conversion of any portion of the principal or income of the trust for the use of the trustee or any other purpose that does not benefit the designated animals. Your first question may be: how are such … Continue reading
What is a Ladybird Deed?
The term “Ladybird deed,” also known as an enhanced life estate deed, was popularized in Florida in the 1980s. The name comes from Florida elder law attorney Jerome Ira Solkoff, who used the name of former First Lady “Lady Bird” Johnson in his educational materials to illustrate the mechanics of the deed. The name has since been attached to the concept, despite the fact that President Johnson likely never used a Ladybird deed to transfer property to his wife. A Ladybird deed is an estate planning tool that allows a property owner to transfer ownership of the property to another … Continue reading
What is a Medicaid, aka 1% Deed?
Throughout my practice, what is colloquially known as a Medicaid or 1% deed has proven to be a viable and popular tool among practitioners and clients alike. In this blog, I will discuss the mechanics behind this technique and the aspects that are often misunderstood. While preparing a general warranty deed can sometimes be a straightforward legal service, the nuances and considerations involved in a Medicaid deed are complex and frequently overlooked. Unfortunately, I have observed many general practitioners offering Medicaid deeds as a service due to the seemingly simplistic nature of the task. Additionally, there is often conflation among … Continue reading
“The Language of Meetings” Grammar Girl Podcast
“The Grammar Girl” (Mignon Fogarty) has an award-winning podcast that is also one of the longest running — almost 20 years! She is an author of numerous books as well as a New York Times bestselling author on writing tips. Her Grammar Girl Quick and Dirty Tips for Better Writing is a five-time winner of “Best Education Podcast.” In this episode, she has me on to discuss the meaning of and interesting history of some words associated with meetings, including To find “The Language of Meetings” episode, visit The Grammar Girl Podcast or search “Grammar Girl” wherever you get your … Continue reading
Liability for Fallen (or Threatening to Fall) Trees
This year, in the aftermath of Hurricane Helene and other storms which have affected our region, we are frequently asked who is responsible for cleanup or damage from fallen trees. This blog won’t address Hurricane Helene issues directly, as this would require an in-depth discussion of insurance and complicated issues involving FEMA, State, and local government. Information on that can be found in Jim Slaughter’s recent blog, Legal Tips for HOAs and Condos Following a Natural Disaster. Instead, this blog seeks to address the more common scenarios that come when trees fall from one property to another and cause property … Continue reading
North Carolina Hurricane Helene Resources Sheet
Earlier this month we shared information on Legal Tips for HOAs and Condos Following a Natural Disaster, which included links to past association articles as well as online resources. The Community Associations Institute (CAI) has prepared a three-page handout on state, local, and federal resources that might assist those impacted by Hurricane Helene. The document includes guidance on: The North Carolina Hurricane Helene Resources sheet can be found below. CAI will be posting and updating the document as more information becomes available, but said we could share in hopes it is of help.
Voting Platforms for Nonprofits, HOAs, and Other Organizations
Our firm’s attorneys serve as parliamentarians for many of the largest trade and professional associations as well as counsel to many hundreds of community associations (HOA and condominium associations). Given this extensive experience, we are frequently asked to advise on electronic and online voting platforms. These days, deliberative bodies often rely on electronic voting systems to conduct elections and facilitate decision-making, especially when it would be impractical or costly for members to gather in person. Digital voting platforms streamline this process by providing secure, efficient, and user-friendly tools that ensure votes are conducted fairly and transparently. Voting platforms generally fall … Continue reading
Legal Tips for HOAs and Condos Following a Natural Disaster
Whenever a natural disaster strikes–whether hurricane, flood, tornado–our office is inundated with calls from HOAs and condo associations on how to move forward. That’s a difficult question to answer globally, as no one size fits all. Community associations vary. Condominiums, townhomes, and single family homes are owned differently and have different responsibilities. Governing documents, such as declarations or bylaws, also have different wording on who is responsible for maintenance of certain items. As a result, while this article can’t provide legal advice for a specific association, here are tips to consider. (1) Prevent further damage. Almost without exception, associations are … Continue reading
Collections, Force Majeure and Other Contractual Considerations Post-Hurricane Helene
Hurricane Helene’s impacts and devastation are still being assessed, but we are already hearing from community associations in the Western part of North Carolina about catastrophic damage to dwellings and infrastructure. Now the focus is simply on restoring access to working phones, power and water, and making sure that association members are safe with access to emergency services. Soon, however, we will begin the arduous task of damage assessment and rebuilding. All of this will take enormous amounts of money. We are already receiving questions about whether associations should impose some type of moratorium on collection of assessments from owners … Continue reading
Are You Considering Law School? A Lawyer’s Perspective after 25 Years of Practice
As someone who has been a lawyer for 25 years I can tell you that law school can be one of the best decisions you make because of the wide variety of opportunities it can create for you. If you have looked into law school and are on the fence, I would suggest you go for it. The skills you’ll acquire like critical thinking, problem-solving, and the ability to communicate effectively will serve you well in any career. A law degree opens doors to more than just traditional legal practice. Many lawyers transition into business roles and become executives, entrepreneurs, … Continue reading
Are You Handling Your Consent Calendar Right?
The Consent Calendar A recent trend, particularly among governmental bodies and REALTOR® organizations, is to include a category of business on the agenda known as the Consent Calendar or Consent Agenda (or sometimes called a Unanimous Consent Agenda). The purpose of this category, which is often near the beginning of the meeting, is to handle all noncontroversial items at one time. For instance, a Consent Calendar heading might be placed in the order of business near the beginning of the meeting and include on it the approval of the minutes. Other routine, administrative matters that are approved at each meeting … Continue reading