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
Author Archives: Jim Slaughter
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.
Voting Platforms for Nonprofits, HOAs, and Other Organizations
Our firm’s attorneys serve as parliamentarians for many of the largest trade and professional associations as well as counsel to many hundreds of community associations (HOA and condominium associations). Given this extensive experience, we are frequently asked to advise on electronic and online voting platforms. These days, deliberative bodies often rely on electronic voting systems to conduct elections and facilitate decision-making, especially when it would be impractical or costly for members to gather in person. Digital voting platforms streamline this process by providing secure, efficient, and user-friendly tools that ensure votes are conducted fairly and transparently. Voting platforms generally fall … Continue reading
Legal Tips for HOAs and Condos Following a Natural Disaster
Whenever a natural disaster strikes–whether hurricane, flood, tornado–our office is inundated with calls from HOAs and condo associations on how to move forward. That’s a difficult question to answer globally, as no one size fits all. Community associations vary. Condominiums, townhomes, and single family homes are owned differently and have different responsibilities. Governing documents, such as declarations or bylaws, also have different wording on who is responsible for maintenance of certain items. As a result, while this article can’t provide legal advice for a specific association, here are tips to consider. (1) Prevent further damage. Almost without exception, associations are … Continue reading
Are You Handling Your Consent Calendar Right?
The Consent Calendar A recent trend, particularly among governmental bodies and REALTOR® organizations, is to include a category of business on the agenda known as the Consent Calendar or Consent Agenda (or sometimes called a Unanimous Consent Agenda). The purpose of this category, which is often near the beginning of the meeting, is to handle all noncontroversial items at one time. For instance, a Consent Calendar heading might be placed in the order of business near the beginning of the meeting and include on it the approval of the minutes. Other routine, administrative matters that are approved at each meeting … Continue reading
Why Are Our HOA/Condo Bylaws So Bad?
The HOA/condo attorneys at Law Firm Carolinas are regularly asked to create or to amend association bylaws. On any given day, different attorneys are working on edits or even complete rewrites of association bylaws. Before getting into why that is so often necessary, let’s make sure we’re all on the same page. Here are the governing documents most all associations have (or need to have): With that background as to the different documents, let’s focus again on why bylaws so often don’t seem well crafted for a community association. The primary reason we are so often asked to assist with … Continue reading
Why Wait till After the Meeting to Write Meeting Minutes?
Whether following Robert’s Rules of Order Newly Revised or standard parliamentary practices, meeting minutes tend to be fairly short. That’s because minutes are not supposed to be a record of what members SAID at a meeting, but what was done. (See A Minute on Meeting Minutes or this Minutes Outline) But if compiling the minutes after a meeting is still bothersome, there are ways to move much of the effort to before the meeting. (If you wonder how you can describe what happened at the meeting PRIOR to the meeting, stay with me.) Meeting Minutes Template Minutes are fairly formulaic. … Continue reading
There Is No “Next Order of Business”
The humorist Will Rogers once said “It isn’t what we don’t know that gives us trouble, it’s what we know that ain’t so.” I’ve shared several recent articles (Why the Chair Never Asks for Old Business and Banish the Phrase “I So Move” from Meetings) on what meeting attendees are certain SHOULD be done, but “it just ain’t so.” One phrase you often hear in meetings is the chair making reference to the “next order of business,” as in “The next order of business is . . . .” As suggested by the name, the “order of business” is the … Continue reading