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
Author Archives: Jim Slaughter
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
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 The agency has also rescinded prior guidance on issues such as criminal background checks, limited English … Continue reading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
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
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
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
Know Before You Go to the Mic: Using Points and Requests Correctly
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.
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
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
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