Exciting news—the expansion to our Greensboro office is finished and our large meeting room/training center is now open! (See photo.) Our newest conference room has a flexible arrangement and can be used for training, board meetings, videoconferencing, or even smaller membership meetings. While the standard set-up easily seats about 30 with tables, the room can be rearranged and has seating for 60. The room also is equipped with electrical plugs throughout, Wi-Fi, and an 80” widescreen TV for presentations or videoconferencing. We intend to regularly use this space for HOA/condo training and larger meetings that involve our attorneys. However, in the event you or … Continue reading
Author Archives: Jim Slaughter
How to Chair a Convention or Large Membership Meeting
Most of the time, I seem to be advising boards on how to run less formal meetings. That’s because the major parliamentary authorities, such as Robert’s Rules of Order Newly Revised (12th Edition) and The Standard Code of Parliamentary Procedure (“Sturgis”), recognize that boards with not more than about 12 members present can follow more relaxed procedures (and only be more formal if the circumstances require it). For examples of smaller board procedure, see Board Procedures Versus a Membership Meeting or Convention. Even so, you will occasionally encounter larger meetings—homeowner or condominium membership meetings, conventions, church meetings, shareholder meetings, membership meetings of … Continue reading
North Carolina Condo and HOA “Ask an Attorney Night” – April 22
Have a condo or HOA association question you’d like to ask a lawyer? The North Carolina Chapter of the Community Associations Institute (CAI) is hosting an “Ask an Attorney Night: Your HOA & Condo Questions Answered” on Tuesday, April 22, 2014, from 5-7:30 pm at the Sheraton Greensboro-Koury Convention Center in Greensboro, NC. Topics could include: But it really depends on what questions are asked! Details are in the attached CAI-Ask-An-Attorney flyer. Everyone is invited—homeowners, board members, community managers, or anyone interested in HOA’s and condos, but registration is required. The cost is $25 for members and $35 for non-members. For more information on … Continue reading
Buy a Book and Support the National Association of Parliamentarians!
Prior to having two books published last year, I hadn’t given much attention to the bookselling world. Sometimes I’d buy a book from the National Association of Parliamentarians (NAP) at the Biennial Convention or National Training Conference. Or from Barnes & Noble if I happened to be there. Or from Amazon if there was free shipping. Book purchases were really about convenience, since all the books seemed to cost generally the same. In fact, when you think about it, why would an organization like NAP go to the trouble to maintain an online bookstore? For one, NAP publishes original works related to parliamentary procedure … Continue reading
Support CAI — Buy a Book!
Prior to having two books published last year, I hadn’t given much attention to the bookselling world. Sometimes I’d buy a book from the Community Associations Institute (CAI) bookstore at the Annual Conference or Law Seminar. Or I might purchase a book from the National Association of Parliamentarians on meeting procedure. Or from Barnes & Noble if I happened to be there. Or from Amazon if there was free shipping. Book purchases were really about convenience, since all the books seemed to cost generally the same. In fact, when you think about it, why would any organization like CAI go to the trouble to maintain … Continue reading
Unanimous Consent: Good Presiding Officers Use It!
Sure, you can use formal procedure to handle routine, noncontroversial matters in board and membership meetings. But why would you? Let’s look at a typical meeting example: Chair: Is there a motion to approve the minutes?[uncomfortable silence, finally followed by]Member: I move to approve the minutes.Chair: Is there a second?[uncomfortable silence, finally followed by]Member: Second! Chair: It is moved and seconded to approve the minutes. Is there any discussion?[no, there isn’t]Chair: The question is on the motion to approve the minutes. Those in favor of approving the minutes, say ‘aye.’ . . . Those opposed, say ‘no.’ The minutes are approved.[FYI, everyone … Continue reading
Updated North Carolina Planned Community Act (47F) for HOAs and North Carolina Condominium Act (47C) Statutes
The 2013 North Carolina General Assembly adopted several significant amendments that impact owners in homeowner associations and condominium associations. For more details, see these past blog posts (THE LINKS HAVE BEEN UPDATED TO KEEP CURRENT): HOA & Condo Collections – Significant October 1 Law Changes Revised Assessment Lien Statute New Voluntary Prelitigation Mediation Law All of these new statutes are now in effect. Interestingly, these changes can be hard to track down. Even the online statutes at the North Carolina General Assembly Website do not have the current language. As a result, if you need the current language of the … Continue reading
Association Attorneys (And Others) Should Attend the 2014 Community Association Law Seminar
Each year about this time I like to share information on the excellent national Community Association Law Seminar, sponsored by the Community Associations Institute (CAI) and the College of Community Association Lawyers (CCAL). The 2014 program will run from Thursday, January 23 through Saturday, January 25 in Las Vegas, NV. This Law Seminar is the 35th annual, and the speakers and programs are always outstanding. The faculty includes many of the best homeowner and condominium attorneys in the country. This year’s program will include the popular case law update as well as over 20 separate sessions dealing with different aspects of community association … Continue reading
Notes and Comments on Robert’s Rules Receives 2013 Phifer Award
Notes and Comments on Robert’s Rules of Order, Fourth Edition [now Notes and Comments on Robert’s Rules, Fifth Edition, updated for the 2020 Robert’s] has received the 2013 Phifer Award from the Commission on American Parliamentary Practice (CAPP), an affiliate of the National Communication Association (NCA). The Award recognizes distinguished scholarship in parliamentary procedure and was presented to authors Jon Ericson, Gaut Ragsdale and Jim Slaughter at NCA’s recent 99th annual convention in Washington, DC. The Phifer Award is named for the late Gregg Phifer, a longtime professor of communication and instructor of parliamentary procedure at Florida State University. “While … Continue reading
What to Do About Speeding Cars on Community Association Roads in North Carolina
We’ve gotten many more calls recently from homeowner and condominium association clients dealing with speeding vehicles on community association roads. Perhaps people are speeding more, or it may simply be that associations have gotten fed up with the problem. Whatever the case, the options in North Carolina can at times be limited. In some states, statutes clearly provide what an association can (or cannot) do on its own or even public roads in the association. Without such clear statutes, in North Carolina the issue often comes down to the status of the roads, the governing documents, and specific circumstances. Community Association Speeding Options … Continue reading
What Happens if You Lose Quorum During a Meeting?
My last blog concerned “What Happens if You Don’t Have Quorum at the Start of a Meeting?” A related question is, “What happens if you start the meeting with a quorum, but lose it during the meeting?” While the issue of quorum at the beginning of a meeting can be complicated, the issue of vanishing quorum can get downright confusing. That’s because you can end at a different result depending your type of organization (nonprofit corporation, membership meeting, board, shareholder meeting, governmental body, HOA, condo association, etc.) and location (different states have different statutes). What is the Significance of Meeting Quorum ? Under common … Continue reading
What Happens if You Don’t Have Quorum at the Beginning of a Meeting?
Quorum is the minimum number of members who must be present at a meeting to transact business. The requirement protects the organization by preventing a very small number of members from taking action on behalf of the entire organization. While there are some exceptions (see below), no motions or votes should occur unless there is a quorum. What Is the Right Quorum? Quorum can be an absolute number (“five members of the board”) or a percentage (“20 percent of the votes in the condominium”) and is usually established in the governing documents, such as the constitution or bylaws. However, quorum is … Continue reading
Should Annual Meetings Approve Minutes?
Like board meetings, an annual meeting of a nonprofit, condominium association, or homeowner association should keep accurate minutes. After all, adopted minutes are the official record of actions taken at a meeting. Well-written minutes may be the best proof of whether a proposal was adopted or the exact wording of a motion, possibly even years later. (See “A Minute on Meeting Minutes” for tips on best practices.) Who Approves Annual Meeting Minutes? But who should vote to approve annual meeting minutes? It’s not uncommon for such membership meetings to take up the minutes as an early item of business at the following annual meeting. But … Continue reading
A Minute on Meeting Minutes
Adopted meeting minutes are the official record of actions taken at a meeting. As a result, well-written minutes can be invaluable. In the event of a dispute, minutes are the best proof of whether a proposal was adopted or the exact wording of a motion. State statutes and governing documents can, but usually don’t, address what must be in meeting minutes (a few statutes regulate the minutes of governmental bodies and condos/HOA’s). Even without such guidance, if you follow Robert’s Rules of Order, you’re in luck. The current edition, Robert’s Rules of Order Newly Revised, gives excellent advice on minutes. The short version … Continue reading
HOA & Condo Collections – Significant October 1 Law Changes
Earlier this summer I posted a blog on some of the more significant changes to the assessment lien statutes in NCGS 47C-3-116 (NC Condominium Act) and 47F-3-116 (NC Planned Community Act) effective October 1 (that blog post can be found at http://www.lawfirmcarolinas.com/blog/revised-lien-for-assessments-law). Most of the substantial changes involve steps that are later in the collections process and mostly of interest to attorneys. However, two of the new requirements that take effect October 1 may fall on the association. First, the statute has added to the list of places that the 15-day attorneys’ fee letter must be mailed. (This is the letter that is sent to … Continue reading
Revised Assessment Lien Statute
Last week I posted a Q&A discussion on the new HOA/Condo Prelitigation Mediation Law. The other significant community association legislation adopted in North Carolina this year was HB 331 (“HOAs/Uniform Lien Procedure.”), which takes effect October 1, 2013. Here’s a link to the new law: http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H331v5.pdf. The changes to NCGS 47C-3-116 (NC Condominium Act) and 47F-3-116 (NC Planned Community Act) may appear to be a complete rewrite of the “Lien for Assessments” sections, but most are technical changes. That is, much of the current wording is stricken, but most everything is then put back in through revised language. There were several purposes behind … Continue reading
New Voluntary Mediation Law for HOAs and Condos
House Bill 278 concerning voluntary prelitigation mediation for disputes in community associations (HOAs and condominiums) was ratified earlier this year. In fact, the new law took effect July 1 and applies to all community association disputes (except for a few exempted ones). Since the law is already in effect, let’s look at some of the questions we’ve already received about the new NCGS § 7A-38.3F. Because circumstances vary and it’s impossible to give legal advice in a short blog, speak with us or another community association attorney if you have questions about the new law. What’s the purpose of the … Continue reading
North Carolina Community Association 2013 Legislative Roundup
2013 North Carolina Bills Impacting Community Associations (Homeowner and Condominium Associations) The General Assembly adjourned for this year on Friday (July 26). While North Carolina actually has two-year sessions (2012-2013), it is unlikely that any special sessions this fall will take up HOA/condo issues prior to next year. As a result, now seems a good time to re-cap the bills introduced in 2012 that would in some way impact homeowner or condominium associations in North Carolina. Some are big, and some small—I’ve tried to list them all. (See also NC 2013 Community Association Legislative Update.) The order of listing below warrants explanation. The top … Continue reading
The Filibuster and Robert’s Rules of Order
The term filibuster has burst back into the public consciousness due to several high profile political happenings. Senate Majority Leader Harry Reid has threatened a “nuclear option” in the United States Senate to prohibit filibusters of certain presidential nominees. And recently in Texas, state Senator Wendy Davis used a 13 hour filibuster to defeat an abortion bill by speaking until the legislative clock ran out. Many news reports on these two events have mentioned the filibuster in the context of parliamentary procedure and the parliamentary manual, Robert’s Rules of Order. Twitter even reported that during Senator Davis’ filibuster the phrase … Continue reading
Free Parliamentary Motions Guide to the Current Robert’s Rules of Order
The latest Robert’s Rules of Order is Robert’s Rules of Order Newly Revised (11th Edition)[now the 12th Edition published in 2020]. Each new edition brings changes to procedure (the 11th Edition lists 120). If you go hunting in Robert’s, you’ll find more than 80 different motions, but that’s more motions than you’ll likely need in a lifetime of meetings. Robert’s Rules of Order permits small boards to operate quite informally. Even large membership meetings can survive on fewer than about a dozen motions. Click the following motions guide for a Roberts Rules of Order PDF. Visit www.jimslaughter.com for other charts and motions guide to Robert’s Rules … Continue reading