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
NC Community Association Legislative Update – April 14, 2025
BILL FILING DEADLINE PASSED LAST WEEK Spring is officially here—longer days, blooming flowers, and a flurry of legislative activity! Last week marked an important milestone for anyone keeping an eye on North Carolina laws that impact community associations (homeowner and condominium associations). As part of the two-year 2025–2026 session, lawmakers just hit a key deadline: the general cutoff for filing bills in both the NC Senate and House was last Thursday. There are always exceptions, of course, but for the most part, what’s been filed is what we’ve got—for now. So, this is a good time to take stock of … Continue reading
Maintaining Retention Ponds and Stormwater Devices In Community Associations
Retention ponds and stormwater management devices play a crucial role in protecting neighborhoods from flooding, erosion, and water pollution. In North Carolina, where heavy rains and hurricanes are common, well-maintained stormwater infrastructure is essential for safeguarding property values, environmental health, and regulatory compliance. Homeowners and condominium associations typically bear the responsibility of ensuring these systems function properly to prevent costly damages and legal consequences. Properly maintained stormwater infrastructure prevents costly repairs. When retention ponds become clogged with sediment or overgrown with vegetation, they lose their ability to manage runoff effectively. This can lead to localized flooding, property damage, and the … Continue reading
Common Employment Myth #1: Non-Compete Agreements
In the internet age of today where employers and employees alike are exposed to countless stories, opinions, blogs, articles and “expert reports,” it can be difficult to distinguish fact from fiction, myth from reality and legal from illegality. One such common myth is that non-compete agreements are unenforceable in North Carolina. Recently, the Federal Trade Commission (“FTC”) acted to bar most agreements, both retroactively and moving forward, with only minor exceptions not applicable to most employees. A nationwide injunction entered before the FTC’s rule went into effect, which injunction remains in place currently. (See our April 24, 2024 Blog “FTC … Continue reading
Associations Gone Wild: Tackling Today’s Bad Behavior
It’s everywhere these days—disruptive behavior. From member meetings to board discussions to homeowner demands, civility often takes a back seat. That’s why my law partners, Harmony Taylor and Steve Black, will be presenting at two NC-CAI Spring Education & Networking Events next week on the timely topic “Lower the Boom on Bad Behaviors: Tools & Tips” Join us for one of these dynamic programs featuring Melissa Ramsey, CAI’s 2025 National President: Each program will explore practical tools and real-world strategies, including: Don’t miss these informative and interactive sessions. For more details or to register, visit:Raleigh, Wednesday, April 2 at Jiddi Space & Courtyard Greensboro – … Continue reading
FinCEN Exempts U.S. Entities from Corporate Transparency Act BOI Reporting
(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