Thursday, May 4, was the “crossover deadline” in the NC General Assembly. That’s the date bills not related to taxes or spending must have passed one chamber to be eligible for consideration during the 2023-2024 legislative session. CAVEAT: In terms of legislation, “dead” doesn’t always mean “completely dead.” A News & Observer story once noted that legislative rules “are made to be circumvented, so there are many ways to keep legislation alive.” (For instance, proposals sometimes appear later in other bills as “technical corrections.”) With the crossover deadline behind us, now is a good time to revisit my last legislative update (NC … Continue reading
Author Archives: Jim Slaughter
Proposed NC Law Changing Declaration Amendments Would Harm Associations and Owners
As described in my recent NC Community Association Legislative Update, an HOA/condo bill moving through the NC General Assembly is Senate Bill 553/House Bill 551 “Landlord/Tenant and HOA Changes.” SB 552 and HB 551 are mainly focused on landlord-tenant issues, but both include a provision that any declaration amendments made by an HOA or condo association would “only affect lot owners whose lots are conveyed or transferred after the amendment takes effect.” Such an outcome impacting ALL declaration amendments would have disastrous consequences on many associations. As a reminder, amendments to declarations can only be adopted if overwhelming supported by … Continue reading
NC Bill to Restrict HOA/Condo Collections Would Harm Associations & Owners
As described in my recent NC Community Association Legislative Update, one bill moving through the NC General Assembly is HB 542 “Protect Homeowners’ Rights.” In addition to placing further requirements on associations as to the collection of past due assessments, the proposal would prohibit the filing of a lien against an owner who fails to pay obligatory association assessments unless the amount is $2,500 “or one year of unit owners’ association assessments, whichever is lesser.” The bill’s attempts to add protections to owners not paying obligatory dues may be well intentioned, but such a dollar cap before a lien can … Continue reading
NC Community Association Legislative Update – April 18, 2023
Ahh, Spring has arrived! Bees are buzzing. Birds are singing. The deadline for filing HOA/condo bills in the legislature has arrived…. For the current two-year session of the NC General Assembly (2023-2025), several important dates have just passed. There are exceptions to all rules, but generally the filing deadline for Public Bills in the North Carolina Senate and House ended at 3 pm today. That makes now a good time to look at proposed legislation that, if adopted, would impact North Carolina’s homeowner and condominium associations. The following bills are not in order of the impact they would have upon … Continue reading
NC Bar Journal Article on Meeting Procedure & Robert’s Rules of Order
In case it’s of interest, the article “Robert’s Rules of Order: An Interview” appears in the most recent NC State Bar Journal (Spring 2023). The article, by Executive Director Alice Neece Mine, covers what lawyers should know about meeting procedure, why Robert’s is still relevant today, changes in the new Robert’s, virtual and hybrid meeting procedures, common mistakes about meeting procedure, tips for keeping meetings short and productive, and more. As a reminder, both the NC Planned Community Act and NC Condominium Act require that unless otherwise provided in the bylaws, association and board meetings must “be conducted in accordance … Continue reading
Records Retention & Records Retention Policies
Recently, a question came up on a national nonprofit list serve about how long various documents should be kept by an association, such as board meeting materials. Here was my response. “Your question has both legal and political aspects. Since I don’t practice law in your state, I can’t say what specific language or practice should be used for record retention, but here are some general considerations: While a bit dated (which means I should update it!), here’s an article I wrote on “Association Documents: Keep or Toss?” that appeared in a national magazine some time ago but is mostly … Continue reading
Comparing Robert’s Rules of Order Original Versus Current Editions
Today (February 19) is the 147th anniversary of the publication of the first edition of Robert’s Rules of Order by S. C. Griggs and Company in Chicago. This photograph compares the original edition with the most recent Robert’s Rules of Order Newly Revised (12th Edition). A few differences between the original and current:
Parliamentary Lawyers Program – RECORDING
Due to the strong interest in last week’s “Author Chat,” the American College of Parliamentary Lawyers has made the recorded program available online. The free program includes a discussion of my latest books, changes in the new Robert’s Rules of Order, different parliamentary manuals (and why they are important), parliamentarians, some parliamentary history, and more. The program can be found at:ACPL Author Chat with Jim Slaughter A copy of the original announcement follows. ACPL Educational Webinar – “Author Chat with Attorney & Parliamentarian Jim Slaughter” The American College of Parliamentary Lawyers is hosting our first free educational webinar for any … Continue reading
Podcast on NC HOAs & Condos
If you like podcasts, NC attorney Justin Ckezepis does a program on real estate issues and hot topics called “Today’s Real Talk.” Here’s the latest program that went live this week–a discussion with me about community associations, the authority of HOAs and condos, and various issues they face, including document amendments, rental restrictions, lot violations, collection of assessments, virtual meetings/electronic voting, and more. While the segment is focused on the Carolinas, some aspects are universal. Who Can Tell You What You Can & Can’t on Your Property? Understanding HOAs
Parliamentary Authorities: Robert’s Rules of Order vs Sturgis vs The AIP Standard Code
In my work as an attorney, Professional Registered Parliamentarian, and Certified Professional Parliamentarian-Teacher, I work with quite a few different parliamentary manuals. That’s because different organizations use different books as their procedural guide for membership and board meetings. I’m often asked about differences, so here’s a guide to the three parliamentary books most likely to be encountered. (If more information is needed, my Notes and Comments on Robert’s Rules, Fifth Edition goes into greater detail as well as compares specific practices between the books.) A “parliamentary authority” is a book on meeting procedure an organization follows because of a state … Continue reading
Reviews Are in for New Parliamentary Procedure Books!
The reviewing side of Publisher’s Weekly recently posted great reviews of my latest books, Robert’s Rules of Order Fast Track and Notes and Comments on Robert’s Rules, Fifth Edition. Each was also selected as an “Editor’s Pick,” which is described as “a book of outstanding quality.” Because the reviews are on a scrolling site (with latest reviews on top), the reviews are reprinted below. Read these and other reviews at Latest Reviews. Robert’s Rules of Order Fast Track: The Brief and Easy Guide to Parliamentary Procedure for the Modern Meeting Crisp, clear, and always on-point, Slaughter’s “fast track” guide to … Continue reading
What Can Members Vote on at an HOA or Condo Membership Meeting?
A question came up during a recent online discussion about “what members can do at an HOA or condo membership meeting?” Specifically, the questioner wondered if a member could seek recognition and unexpectedly make a motion to “make the association do most anything.” It’s a good question, and one we community association lawyers spend time analyzing. Hate to say, “It depends,” but facts matters. This is not a question that can be answered in a vacuum without specifics. State statutes and governing documents (usually the bylaws or articles of incorporation) vary as to what authority the membership has versus the … Continue reading
Best Practices for Board Meeting Minutes
A question came up during a recent online discussion about “best practices” for board meeting minutes. The answer to questions of what should (or should not) be included in minutes is more complicated than it seems. This article will give a broad answer, but I have to mention there are chapters in both my recent books, Robert’s Rules of Order Fast Track and Notes and Comments on Robert’s Rules, Fifth Edition, on what to include (or not) in minutes, approving minutes, changing minutes after the fact, handling closed/executive session meeting minutes, as well as model minutes templates and skeletal minutes (writing minutes before … Continue reading
Robert’s Rules of Order in US Court of Appeals Decision
This case mentioning Robert’s Rules of Order appeared in the “Roberts Rules in the News” page of my parliamentary website at www.jimslaughter.com. The decision is a bit of a unicorn. While many news articles mention Robert’s and meetings issues, few court cases do. (Court decisions that make it to published appellate decisions tend to go on for longer and cost more money than most meetings disputes warrant.) Far fewer federal court opinions deal with Robert’s disputes, and this is from a U.S. Court of Appeals, which is shockingly rare. So even though the decision may not be that significant to … Continue reading
HOA/Condo Rental Restrictions, Corporate Owners & Institutional Investors
Requests for amendments to declarations tend to go in waves. Twenty years ago many associations were concerned about certain categories of sex offenders living in their communities. For several years now, the declaration amendment our firm most often gets asked about has to do with rental restrictions. Such questions arise out of concern that too many rentals or certain types of rentals will impact the “character” of neighborhoods. As a result, associations regularly approach our firm for advice on rental bans, rental caps, or restrictions on short-term/transient rentals like Airbnb or VRBO. (See Top Declaration Amendments for an HOA or … Continue reading
Book Review: Run, Don’t Walk, to Buy Robert’s Rules of Order Fast Track
Ann Macfarlane, a Professional Registered Parliamentarian in Seattle who works with many local governments and is author of Mastering Council Meetings: A Guidebook for Elected Officials and Local Governments, published the following review of Robert’s Rules of Order Fast Track on her website: Reader, I am over the moon about Jim Slaughter’s new book, Robert’s Rules of Order Fast Track. This brief, affordable and funny guidebook will give you the tools to apply Robert’s Rules immediately and effectively. Jim’s humor and focus kept me reading with enjoyment, underlining key phrases, and dotting the text with exclamation points. Jim starts the first chapter, … Continue reading
Is There a Difference between The Standard Code of Parliamentary Procedure (“Sturgis”) and AIP’s Standard Code of Parliamentary Procedure?
I recently posted that as a result of the new 12th Edition of Robert’s Rules, there are updated “cheat sheets” to the motions most often seen in meetings. On the Charts & Handouts Page of our firm’s parliamentary website are parliamentary motions guides to the most common parliamentary authorities, including Robert’s Rules of Order Newly Revised (12th Edition), The Standard Code of Parliamentary Procedure, Fourth Edition (“Sturgis”), and the American Institute of Parliamentarian’s Standard Code of Parliamentary Procedure. (Different types of organizations tend to use different parliamentary authorities.) That led someone to ask, “Is there a difference between The Standard Code of Parliamentary … Continue reading
Robert’s Rules of Order & Sturgis Motions “Cheat Sheets”
This year saw the publication of my two new books on proper meeting procedure, Robert’s Rules of Order Fast Track and Notes and Comments on Robert’s Rules, Fifth Edition. With the publication of these books (based on the new 12th Edition of Robert’s), I’ve been asked if there are updated “cheat sheets” to the motions most often seen in meetings. The answer is “yes.” Parliamentary motions guides to the most used parliamentary authorities, including Robert’s Rules of Order Newly Revised (12th Edition), The Standard Code of Parliamentary Procedure, Fourth Edition (“Sturgis”), and AIP’s Standard Code of Parliamentary Procedure, can all … Continue reading
Notes and Comments on Robert’s Rules, Fifth Edition NOW AVAILABLE!
This summer I let you know about the release of Robert’s Rules of Order Fast Track, a quick go-to guide that provides details on the most used motions, appropriate informal procedures for association boards, and general advice for shortening meetings. Pleased to say it was the #1 new release in its category on Amazon, as small a category as that might be. As a follow-up, the new Fifth Edition of Notes and Comments on Robert’s Rules is now available! Regardless of your level of parliamentary experience, you’ll learn something new from Notes and Comments on Robert’s Rules, Fifth Edition. The book complements Robert’s Rules of … Continue reading
ABA Journal Podcast on Meetings & Robert’s Rules
If you like podcasts, the American Bar Association Journal interviewed me this month for its ABA Journal Modern Law Library on “Sick of Meetings That Go Off the Rails? Robert’s Rules of Order Can Help.” The discussion covered everything from the importance of proper meeting procedure, board versus member meeting procedure, myths about meetings, minutes, parliamentarians, parliamentary organizations, and more. Depending on your preferred podcast platform, the episode can be found at: Apple PodcastsSpotifyStitcherOvercast Here’s the Modern Law Library website for the episode: