As we wrap up 2025, it’s clear that community associations continue to play a major role in how Americans live. It is also true that not every association gets everything right. There can be disagreements over rules, budgets, and decisions, and some communities face serious challenges. Even so, the most recent statistics nationally and in North Carolina show that the association model remains very popular. Most owners who live in homeowner or condominium associations say they see real value in the system and believe their communities help protect their homes and home values. I recently saw the latest data on … Continue reading
Winter Is Here: Test Your Knowledge on Winterizing Your HOA or Condominium
Winter is here, and many HOAs and condominiums are already dealing with cold weather problems. Yesterday I spoke at the NC Community Associations Institute’s “Holiday Trivia Event” about legal concerns when associations prepare for winter. As a follow-up that talk, here’s a short quiz to see how ready your association is. Only one answer is correct for each question. Now that you have seen the questions, here’s why the correct answers matter. #1 = B. The board must approve winter service contracts at a properly noticed meeting. Boards should not automatically choose the lowest bid. Their job is to choose … Continue reading
Tenancy in Common Codified in North Carolina
Tenancy in common has long been one of the three types of joint ownership in real property recognized by North Carolina. Until recently, it was governed by common law principles and not codified by statute. However, on September 9, 2024, Article 7 of Chapter 41 of the North Carolina General Statutes was officially signed into law to clarify and consolidate the general principles of tenancy in common. This is good news for attorneys and the public, as tenancy in common, pun very much intended, is quite common. It is the default form of ownership when two or more individuals jointly … Continue reading
The Complexities of an Insolvent Estate
Ironically, insolvent estates are often more time-consuming, nuanced, and complex than solvent estates. This increased complexity stems from two primary factors. First, the procedural intricacies involved in providing notice to creditors under Article 14 of Chapter 28A and navigating the rules for presentation and payment of claims under Article 19 of Chapter 28A are nuanced. Additionally, the legal framework surrounding which assets are readily available to the personal representative, which assets require court intervention to access, and which are entirely exempt from claims is complex. Understanding Estate Insolvency Typically, insolvency refers to a situation where liabilities exceed assets or cash … Continue reading
The Significance of Disinheriting a Child – Alternatives and Protections
Clients choose to disinherit a child for many reasons. As an estate planning attorney, I often find that clients feel the need to justify this decision to me. While it’s helpful for an attorney to understand family history and dynamics, it is not our role to judge or attempt to influence the decision. However, it is the role of the attorney to advise on alternatives and ensure it is an informed decision. I emphasize to clients that disinheriting a child is a significant decision. I also ensure clients are aware of alternatives, such as leaving assets in a trust or … Continue reading
Should My Will or Trust Contain a “No Contest Clause” or a One Dollar Bequest?
When clients choose to disinherit or reduce an inheritance for a child, I am often asked whether they should include a “no contest” provision in their estate documents or if they should leave the child one dollar. In this blog, I will address these common questions. No Contest Clauses No contest clauses, also known as in terrorem or forfeiture clauses, are generally enforceable in North Carolina, but their effectiveness is subject to significant limitations. What is a no contest clause? It is a provision in a will, trust, or other testamentary instrument that threatens to disinherit anyone who challenges the … Continue reading
Voting by Written Ballot
In North Carolina, written ballots play a critical role in the decision-making processes of homeowner, property and condominium associations. It can be difficult to establish quorum at a meeting, much less to get the higher thresholds needed for votes on amendments to governing documents. Most of the associations we work with use written ballots or written agreements when they wish to conduct important votes on amendments or votes to approve special assessments. This blog addresses the written ballot process; other blogs address the written agreement process. The vast majority of community associations in North Carolina are nonprofits incorporated under Chapter … Continue reading
Adam Marshall Elected to Greensboro City Council
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