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

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

Requirements for NC Real Estate Brokers That Manage Associations

Community managers of larger homeowner and condominium associations often hold professional designations that demonstrate their expertise and experience in managing association responsibilities. These credentials signify specialized training in financial oversight, legal compliance, and operational management, ensuring associations are efficiently and ethically managed. Some of the most recognized community association management credentials include: For details on these credentials, visit the Community Associations Institute’s Professional Credentials page. Some community managers are also licensed North Carolina Real Estate Brokers. (FYI, I’ve been a broker for 43 years–how time flies!) This month’s eBulletin from the NC Real Estate Commission reminds licensees that when a … Continue reading

FinCEN Pauses Corporate Transparency Act Reporting Penalties Pending New Rule

On Thursday, February 27, FinCEN announced that it does not plan to issue fines, penalties, or take enforcement action against companies that miss deadlines for filing or updating Beneficial Ownership Information (BOI) under the Corporate Transparency Act. No penalties will be applied until new interim final rules takes effect. By March 21, 2025, FinCEN intends to issue a rule extending BOI reporting deadlines and providing clearer guidance. This decision reduces regulatory burdens while ensuring BOI reporting focuses on entities posing the greatest national security risks. For more details, visit FinCEN Not Issuing Fines or Penalties in Connection with Beneficial Ownership … Continue reading

Corporate Transparency Act Stay Lifted–FinCEN Announces New Filing Dates

As the result of a ruling on February 17th by the the US District Court for the Eastern District of Texas, the nationwide stay of the Corporate Transparency Act has now been lifted. CTA Beneficial Ownership Information filing requirements to FinCEN are back in effect. FinCEN has announced a new filing deadline of March 21, 2025 for most companies. Details can be found at FinCEN Extends Beneficial Ownership Information Reporting Deadline by 30 Days. General information on Beneficial Ownership Information filing requirements can be found at https://www.fincen.gov/boi.

Podium, Lectern, Dais: What’s the Difference?

As Parliamentarians, my law partner Carole Albright and I often find ourselves on stage assisting with the organization and procedure of meetings. In that setting, we frequently hear people use the terms podium, lectern, and dais interchangeably. In reality, they refer to distinct objects with specific purposes. While these are not exclusively parliamentary terms, understanding their proper usage helps maintain clarity. I once heard association staff ask the AV professionals to bring in a “podium” when a “lectern” was needed. Using the correct terms can both prevent confusion as well as show professionalism. Let’s break down the differences between the … Continue reading

2025 Community Association Law Seminar Highlights Emerging HOA/Condo Legal Issues

Each year attorneys from our firm participate in the Community Associations Institute’s (CAI) national Community Association Law Seminar. This event provides an unparalleled opportunity for continuing legal education, networking with other attorneys who practice HOA/condo law, and exploring community association legal trends. This year’s seminar was particularly noteworthy, as Law Firm Carolinas attorney David Wilson was inducted into the prestigious College of Community Association Lawyers (CCAL). Established by CAI in 1993, CCAL recognizes attorneys who have demonstrated exceptional contributions to the practice of community association law through their writings, teachings, and industry involvement. Of the thousands of attorneys practicing in … Continue reading

US Supreme Court Rules on Corporate Transparency Act Injunction

In the ongoing ping-pong game that is the Corporate Transparency Act, today (January 23) the US Supreme Court has allowed the government to enforce the CTA, which requires businesses to disclose their beneficial ownership information. This decision lifts the prior injunction and permits the law’s implementation while its constitutionality is reviewed by the Fifth Circuit. Arguments are scheduled to be heard on March 25. Justice Neil Gorsuch supported immediate action to clarify universal injunctive relief, while Justice Ketanji Brown Jackson dissented, arguing the government failed to demonstrate urgency. To read the case, visit Supreme Court opinions. Based on recent history, we anticipate that FinCEN will soon … Continue reading

Do Committee Recommendations Require a Second?

Recently, I’ve been tackling some common procedural myths—those phrases and practices you often encounter in meetings but aren’t necessarily accurate. If you’d like to explore some recent examples, check out these posts: One phrase frequently heard in meetings, particularly board meetings, is: “Because the motion is from a committee, it doesn’t need a second.” But is this actually true? Let’s unpack it. Setting the Record StraightFirst, let’s address the stakes: Regardless of your approach, the parliamentary police won’t show up at your meeting. That said, a presiding officer demonstrates leadership by using proper parliamentary phrasing, which helps maintain professionalism and … Continue reading