One of the most common questions I receive as a family law attorney is: “The mother/father of my child isn’t letting me see them, so why do I have to pay child support?” In North Carolina, as in many other states, child support is a separate issue from custody arrangements. It’s not uncommon for one parent to withhold custody from the other, leaving many wondering why child support payments are still required in such circumstances. In this blog post, I will explore the legal perspective in North Carolina and shed light on why child support obligations persist even when custody … Continue reading
Author Archives: Administrator
Association Not Liable for Volunteer’s Actions in Pool Incident
In a recent case heard by the Illinois Court of Appeals, Muhs v. Fox Point Homeowners Association (the “Association”), the Appellate Court of Illinois ruled in favor of a homeowners association, stating that the association was not liable for the actions of a volunteer committee member. Doreen Colletti Muhs (the “Homeowner”) sued Fox Point Homeowners Association (the “Association”) and Stacy Boyum for injuries she sustained during a party on Fox Point’s premises when Boyum knocked the Homeowner to the ground while trying to encourage her and other party guests to jump into the pool. Boyum was one of three volunteers … Continue reading
Understanding Emergency Ex Parte Child Custody Claims
Child custody matters can be complex and emotionally charged. In some situations, immediate action may be required to protect the best interests of a child. When faced with emergencies, a legal avenue available to parents or guardians in North Carolina is the Emergency Ex Parte Child Custody Claim. What is an emergency ex parte child custody claim, when it can be filed, and how does the process work to help you understand your legal rights and options? What Is an Emergency Ex Parte Child Custody Claim? An Emergency Ex Parte Child Custody Claim is a legal request made to the … Continue reading
Adoption Is Great . . . Except for Some
Adoption, for most people, is a time of celebration. A time to welcome a child into their home and a time to expand their family. It is a wonderful avenue to establish and solidify rights to a child outside of a child custody proceeding. But what happens if a biological father, who would have wanted the child, did not know of a child’s existence prior to an adoption proceeding? The answer is, as it is in most cases, it depends. North Carolina adoption statutes set out the mechanism regarding how adoptions take place, who can adopt, and most importantly, whose … Continue reading
Why Would You Need an Owner’s Title Insurance policy when buying a home?
And is it necessary? The home buying process can be a confusing and hectic experience, with some of the most complex decisions you might ever have to make in your lifetime. One of those decisions may be the choice of whether to purchase an owner’s title insurance policy. Click here for more information about the basics of title insurance. If you’re buying a house with a mortgage, the lender you choose will always require the purchase of a lender’s policy as a condition for the loan, but why would a homeowner also need their own policy? You might ask, if … Continue reading
What Is a Reserve Study and Why Is It Important for My Association?
Community associations play a crucial role in maintaining the quality of life and property values. They oversee a wide range of responsibilities, from maintaining common areas to enforcing community rules and regulations. One often underappreciated but critical aspect of appropriate association management is long-term financial planning. One of the most valuable tools for ensuring a sound financial future for your association is the reserve study. In this article, we will discuss why community associations in North Carolina should prioritize conducting regular reserve studies, and what role the community’s attorney plays in that process. The Importance of Financial Planning for Community … Continue reading
The Cost of Estate Planning vs the Cost of No Plan
Many people may consider the cost of Estate Planning to be prohibitive. I’d like to dispel that notion, particularly compared to some of the possible alternatives. A reasonable analogy can be made to insurance (health, car, or home)—although we may grumble about paying for insurance, we know that not paying for insurance can be exponentially more expensive! The same is true of Estate Planning. In the following paragraphs I’ll describe the simplest complete Estate Plan commonly used; please note that if your circumstances require more complexity the pitfalls associated would multiply in complexity and ultimately cost as well. An Estate … Continue reading
Does My Spouse Have to Pay for Half of My Student Loans in North Carolina?
It should come as no surprise that more and more people are going to college. According to the Education Data Initiative (EDI), 40% of 18-24 year olds attend at least some kind of post-high school education. And with higher enrollment rates comes more and more student loan debt, and North Carolina is no exception. Also according to the EDI, borrowers in North Carolina borrow an average of $38,134 to attend college, and the number is even higher for advanced degrees such as law, medical and graduate programs. These ever-increasing student loans are carried into, or taken out during, marriage. One … Continue reading
Property Tax Rates in South Carolina
Congratulations, you have just purchased a home in South Carolina! While most action items related to the closing will be completed prior to and while at the closing table, there is one important step to take following your purchase. In South Carolina, whenever someone buys a piece of real estate property, it is initially assessed at a 6% ratio. However, if you will be using the property as your primary residence, then you are entitled to apply for and receive a 4% assessed ratio. In order to receive the lower assessment for the owner-occupied property, the property owner must submit … Continue reading
5 Law Firm Carolinas Attorneys Recognized in The Best Lawyers in America
Five attorneys at Law Firm Carolinas have been named to the 2024 Edition of The Best Lawyers in America. Carole Albright, who is a Board Certified Specialist in Family Law, has been recognized in the practice of Family Law. Keith Black, who is a Board Certified Specialist in Family Law, has been recognized in the practices of Family Law and Family Law Mediation. Steven Black, who is a Board Certified Specialist in Residential Real Estate, has been recognized in the practice of Real Estate Law and Community Association (HOA and condo) Law. Jim Slaughter has been recognized in the practices … Continue reading
Lights, Camera, Lawsuit! Your Property, Common Property, and Intellectual Property
Movies and music provide immense amounts of joy and entertainment to people all over the world. Collectively, the movie and music industries are worth upwards of twelve figures in revenue in a single year (for those of you counting the zeros on your hands at home . . . that’s north of $100,000,000,000.00 a year!). Much like you may be protective of your property and your homeowner’s association may be protective of its common property, it is understandable that those in the movie and music industry are also extremely protective of their property. When most people hear the word “property” … Continue reading
Fourth Circuit Makes Ruling on Attorneys’ Fees Amount
Under North Carolina law, parties entering into loan agreements may specify an amount for attorneys’ fees, in the event that one of the parties breaches or there is a default. The prescribed amount of attorneys’ fees may be up to 15% of the amount owed under the terms of the loan agreement. Frequently, the loan agreement is silent about the specific amount of attorney’s and the agreement simply states that the breaching party shall be responsible for “all reasonable fees and expenses.” The applicable statute defines “reasonable” as 15%. The United States Court of Appeals for the Fourth Circuit (which … Continue reading
Meister, Slaughter & Marshall Recognized
Law Firm Carolinas Partner Adam Marshall was a presenter at the Community Association Institute’s (CAI) 2023 Annual Conference in Dallas, Texas. The conference was attended by over 2,600 community managers, homeowner board members, leaders and business partners from 44 states and 10 countries. Marshall and Augustus Shaw, IV, Esq. of Arizona, presented on “Navigating Board Officer Responsibilities and Avoiding Conflict.” Marshall was also recently appointed by the Greensboro City Council to the Greensboro ABC (Alcohol Beverage Control) Board. Marshall has previously served on the Greensboro Human Relations Commission and Greensboro Board of Adjustment as well as Chair of the Greensboro Zoning Commission and … Continue reading
Two Pending NC Bills Would Significantly Change Association Governance and Practice
Law Firm Carolinas partner Harmony Taylor serves on the NC Legislative Action Committee (NC-LAC), a committee of the Community Associations Institute. The NC-LAC monitors and makes recommendations on legislation that affects community associations, and its members talk with legislators on issues of concern to HOAs and condos. The NC-LAC has allowed the firm to share the following update on two proposals of interest. The legislature continues to consider a number of laws this session which would significantly impact community associations in North Carolina. HB 542 has been referred to the Committee on Rules, Calendar, and Operations of the House. HB 551 … Continue reading
Pickleball Court Conversion Considerations to Avoid Placing Your Association in a Pickle
Homeowners associations are tasked with managing and overseeing the common areas of a neighborhood, which many times include recreational facilities such as tennis courts. In recent years, pickleball, a game that is a mixture of tennis, ping pong, and badminton, has grown in popularity, and residential developers are now regularly including pickleball courts as an amenity in newer neighborhoods. Some more established communities are also engaging with the trend, and are considering converting their existing tennis courts into pickleball courts. This decision to accommodate pickleball as a neighborhood amenity can be surprisingly controversial, as it can reduce the number of … Continue reading
Are Pickup Trucks “Commercial Vehicles” and Can HOAs Ban Them? Florida Pickup Man Says “No.”
In North Carolina, many Associations have covenants that prohibit “commercial vehicles” or “trucks.” In North Carolina, the top two best-selling vehicles and three of the top five vehicles in the state are pickup trucks. With the volume of pickups on North Carolina roads, and the number of truck-related covenants in place, the intersection is a common one to encounter, and the HOA is the traffic cop that is stationed at that intersection. Recently in Florida, this intersection was the subject of a dispute between an HOA and a homeowner. The homeowner purchased a 2022 Rivian R1T, which recently was named MotorTrend’s Truck of … Continue reading
Conflicts of Interests: What Community Association Directors Should Know
Are you a director on your community association executive board? If so, you may be wondering about conflicts of interest. When do you as a board member have a conflict of interest? First, what is a conflict of interest? The North Carolina Non-profit Act defines a conflict of interest transaction as “a transaction with the corporation in which a director of the corporation has a direct or indirect interest.” A direct or indirect interest means that you have some personal interest in the transaction beyond your interest as a member of the Association. Basically, the question is will you (or … Continue reading
Yes, Owners of a Restricted Lot Can Be Fined for THEIR TENANT’S Violations of Covenants!
With the appreciating residential real estate market, rental homes are becoming an increasingly common feature in residential neighborhoods subject to restrictive covenants. Restrictive covenants will typically have a few main types of provisions that lot owners opt into when purchasing their restricted lots—architectural standards, obligations to pay assessments to a homeowners’ association, provisions outlining the common area/amenities- but also some regulations that relate to conduct of individuals who reside on a lot. Sometimes the practice of leasing will even be prohibited or limited in the restrictive covenants of a community, or even provide that the HOA can screen prospective tenants. … Continue reading
Hurricane Ian Victim’s Tax Relief Deadline Extended for NC and SC Residents
The Internal Revenue Service has recently announced additional relief for Hurricane Ian victims across North Carolina and South Carolina. The tax relief postpones several tax filing and payment deadlines in North and South Carolina, as outlined below: The IRS is also assisting taxpayers who live outside the disaster areas, but whose records necessary to meet a deadline are located within disaster areas, and can be reached at 866-562-5227. The IRS disaster relief webpage has additional information and details on qualifications and deadlines. Additionally, a financial planner or CPA may provide additional guidance on deadlines and tax issues relating to the extended relief.
What Are An Association’s Responsibilities For Ensuring An Owner’s Safety?
There is often a breakdown between what homeowners within a community and the board of an association believe are the responsibilities of the association. Our association clients experience this with a myriad of issues, and one area of particular importance is that of homeowner safety. For associations hoping to understand what their responsibilities are in ensuring a homeowner’s safety and wellbeing, a great place to start is the governing documents. The governing documents will explain an association’s responsibilities in regard to the safety of homeowners, and their additional responsibilities in general. An association should take reasonable action to protect those … Continue reading