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
Author Archives: Jim Slaughter
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
Corporate Transparency Act Back on Hold (For Now)
If this feels like legal “whack-a-mole,” you’re not alone! Yesterday, Thursday, December 26, the Fifth Circuit Court of Appeals issued an order vacating its earlier decision to stay the District Court’s preliminary injunction, which had enjoined the enforcement of the Corporate Transparency Act’s (CTA) compliance reporting deadlines. (See Corporate Transparency Act Reinstated by Fifth Circuit Court of Appeals) The Fifth Circuit’s initial stay temporarily allowed enforcement of CTA deadlines while the case was under review. However, the Court has now reversed its earlier decision, explaining that its merits panel is expediting the case and needs to preserve the constitutional status … Continue reading
Corporate Transparency Act Reinstated by Fifth Circuit Court of Appeals
A prior post, Corporate Transparency Act Blocked Nationwide by Texas Federal Court, reported that on December 3, Judge Amos L. Mazzant III of the U.S. District Court for the Eastern District of Texas issued a preliminary nationwide injunction against the Corporate Transparency Act (CTA). The post also advised staying informed, as the compliance deadline of December 31 could be reinstated. Today, December 23, the Fifth Circuit Court of Appeals reinstated the CTA, which mandates businesses disclose their beneficial owners to combat financial crimes. The government successfully argued that the law is constitutional and vital for national security. In its decision, … Continue reading
Opportunity for North and South Carolina Licensed Attorney
Are you an attorney licensed in North Carolina and South Carolina, or eligible for licensure in both states using a recent UBE score? Are you looking for a friendly and collaborative work environment with a culture that supports a balanced professional life? If so, Law Firm Carolinas (www.lawfirmcarolinas.com) is seeking an attorney with 0 to 3 years of experience to join our offices in Raleigh, Greensboro, or Charlotte. This position involves working with homeowner and condominium association clients on a variety of matters, including: Qualifications: Why Join Us?This is an excellent opportunity for motivated individuals who are eager to produce … Continue reading
FinCEN Issues Key Guidance on Corporate Transparency Act Filings
Last week, we shared an update (Corporate Transparency Act Blocked Nationwide by Texas Federal Court) on Judge Mazzant of the U.S. District Court for the Eastern District of Texas issuing a preliminary nationwide injunction against the Corporate Transparency Act (CTA), effectively halting its enforcement nationwide. Naturally, this decision has raised many questions, including, “What does this mean for our community?” In response, the Financial Crimes Enforcement Network (FinCEN), which oversees Beneficial Ownership Information (BOI) reporting, has issued a formal statement addressing the matter. While the statement is available on the FinCEN website at https://fincen.gov/boi, it may be challenging to locate. … Continue reading
Corporate Transparency Act Blocked Nationwide by Texas Federal Court
The federal Corporate Transparency Act (CTA) applies to most community associations and has certain federal filing requirements that start as to existing HOAs and condos on January 1, 2025. For more details, see our prior blog posts (What Is the “Corporate Transparency Act” and Why It Matters to Your Association and Directors, Update on The Corporate Transparency Act: Tips for Managers and Board Members, Be Aware of Corporate Transparency Act (CTA) Scams!) or these videos by my law partner Steve Black: Manager’s Update on Corporate Transparency Act or Board of Directors Update on the Corporate Transparency Act. However, yesterday, December … Continue reading
“The Language of Meetings” Grammar Girl Podcast
“The Grammar Girl” (Mignon Fogarty) has an award-winning podcast that is also one of the longest running — almost 20 years! She is an author of numerous books as well as a New York Times bestselling author on writing tips. Her Grammar Girl Quick and Dirty Tips for Better Writing is a five-time winner of “Best Education Podcast.” In this episode, she has me on to discuss the meaning of and interesting history of some words associated with meetings, including To find “The Language of Meetings” episode, visit The Grammar Girl Podcast or search “Grammar Girl” wherever you get your … Continue reading
North Carolina Hurricane Helene Resources Sheet
Earlier this month we shared information on Legal Tips for HOAs and Condos Following a Natural Disaster, which included links to past association articles as well as online resources. The Community Associations Institute (CAI) has prepared a three-page handout on state, local, and federal resources that might assist those impacted by Hurricane Helene. The document includes guidance on: The North Carolina Hurricane Helene Resources sheet can be found below. CAI will be posting and updating the document as more information becomes available, but said we could share in hopes it is of help.