Every board, committee, or membership meeting eventually faces “problem members.” They may be disruptive by design or simply enthusiastic to a fault. Fortunately, presiding officers have proven tools—parliamentary and personal—for steering meetings back on track. The Over-Participator Some members feel compelled to speak on every issue, often multiple times. If your parliamentary authority is Robert’s Rules of Order Newly Revised or The Standard Code of Parliamentary Procedure, rules can help balance participation: In smaller boards or informal settings, the chair can still enforce balance by inviting comments from those who haven’t spoken. If necessary, the chair should act as a … Continue reading
Category Archives: HOA & Condo Associations
What is Residential Use and What’s Allowed in an HOA?
One of the most common restrictions found in the governing documents of a homeowners association is that individual property be used only for “residential purposes.” Similar to how a picture is worth a thousand words, residential use can encompass a broad array of ideas and uses. In one recent case out of Nevada, an HOA adopted a rule aimed at clarifying the residential use in their community. NOTE: This is a case from Nevada and has no precendential value in North Carolina or South Carolina. However, important lessons may be gleaned from it. Homeowners in the Cold Canyon Homeowners Association … Continue reading
HOAs Generally Not Obligated to Intervene in Homeowner Disputes
As an attorney, I read cases from all over the country on various HOA and condo topics and I’m always on the lookout for interesting or noteworthy decisions that might have an impact in North Carolina or South Carolina where I practice. In a recent case out of California, several neighbors got into a fight and their HOA was sued by two of the participants in the fight. Quick note 1—this case is not a NC or SC case, and is not binding on any community in North Carolina or South Carolina. However, there are important takeaways from the case … Continue reading
Failure to Enforce Restrictive Covenants May Make Them Unenforceable
Authored by Ryan Futrell and David Wilson I am often asked to give an opinion on whether a particular restrictive covenant is enforceable. In most cases the answer is “yes.” Occasionally, however, there are factors that may make the restriction unenforceable. In a recent case from South Dakota, homeowners learned the hard way that their failure to enforce their restrictive covenants in the past prevented them from enforcing them when it mattered most. Note: Although this case is not legally binding in North or South Carolina, it is instructive and teaches an important lesson that communities in North Carolina and … Continue reading
Failure to Enforce Restrictive Covenants May Make Them Unenforceable
Authored by David Wilson and Ryan Futrell I am often asked to give an opinion on whether a particular restrictive covenant is enforceable. In most cases the answer is “yes.” Occasionally, however, there are factors that may make the restriction unenforceable. In a recent case from South Dakota, homeowners learned the hard way that their failure to enforce their restrictive covenants in the past prevented them from enforcing them when it mattered most. Note: Although this case is not legally binding in North or South Carolina, it is instructive and teaches an important lesson that communities in North Carolina and … Continue reading
How Homeowners Associations Can Regulate Satellite Dish and Antenna Placement Despite OTARD
Homeowners’ associations (HOAs) are established to maintain the aesthetic value and overall harmony of residential communities by setting rules, often outlined in covenants, conditions, and restrictions (CC&Rs). One area where these regulations often intersect with federal law is the installation of satellite dishes and antennas. In 1996, the Federal Communications Commission (FCC) enacted the Over-the-Air Reception Devices (OTARD) rule to protect homeowners’ right to install these devices, ensuring they can access communication services like satellite television and radio. However, while OTARD protects the right to install these devices, it also allows HOAs to impose certain limitations to maintain the appearance … Continue reading
Recent Community Association Detention Pond Litigation
Detention ponds are becoming more and more common in both single family and townhome community associations. Many counties in both North and South Carolina require detention pond installation in any new development. At their most basic, detention ponds are designed to perform two main functions; to collect and store storm water runoff, and to slowly release the water so that the sewers and waterways aren’t overwhelmed. In almost all cases a detention pond within a community association will be considered common area and therefore the association will likely be charged with its maintenance as provided in the declaration. Often detention … Continue reading
Jonathon Woodruff Named Partner at Law Firm Carolinas
Jonathon Woodruff has been named a partner at Law Firm Carolinas, which has five offices in North and South Carolina. A graduate of North Carolina Central University and Campbell University School of Law, Jonathon has experience in both civil and criminal law. He now focuses on representing community associations (HOAs and condominium associations) and supervises the firm’s association assessment collections practice. Congratulations, Jonathon!
Who’s On My Association Board?
Condominiums and community associations function best with reasonable communication between the board and the membership. That can only happen if the members know who serve them. To make sure that everyone knows who is on the board and who is managing their association, both the NC Planned Community Act and the NC Condominium Act require certain board member disclosures. N.C. General Statute 47F-3-103(f) (for planned communities) and N.C. General Statute 47C-3-103(g) (for condominiums) state that associations must publish the names and addresses of all officers and board members within 30 days of their election or appointment. For directors and officers … 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
Jim Slaughter Elected Fellow of the Prestigious American College of Real Estate Lawyers
Jim Slaughter, a partner at Law Firm Carolinas, has been elected a Fellow of the American College of Real Estate Lawyers (ACREL)—the premier national organization of real estate attorneys. Among nearly 30,000 attorneys practicing in North Carolina, only 18 currently hold this distinction. Jim is the only private practice attorney from North Carolina admitted to ACREL this year. Founded in 1978, ACREL is an invitation-only organization that selects members based on demonstrated excellence, substantial experience, and the highest standards of professional conduct in real estate law. Selection follows a rigorous peer-review and screening process. Jim’s practice has spanned the full … 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
Maintaining Retention Ponds and Stormwater Devices In Community Associations
Retention ponds and stormwater management devices play a crucial role in protecting neighborhoods from flooding, erosion, and water pollution. In North Carolina, where heavy rains and hurricanes are common, well-maintained stormwater infrastructure is essential for safeguarding property values, environmental health, and regulatory compliance. Homeowners and condominium associations typically bear the responsibility of ensuring these systems function properly to prevent costly damages and legal consequences. Properly maintained stormwater infrastructure prevents costly repairs. When retention ponds become clogged with sediment or overgrown with vegetation, they lose their ability to manage runoff effectively. This can lead to localized flooding, property damage, and the … 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
Announcing Andrew Brower’s Board Certification in Estate Planning & Probate Law
We’re proud to share that Law Firm Carolinas attorney Andrew Brower is now a Board Certified Specialist in Estate Planning & Probate Law—a distinction held by only 127 attorneys among nearly 30,000 in North Carolina. If you’ve worked with Andrew (whether on a will, or estate-related association matters, or legal issues following an owner’s passing), you already know his expertise. Board Certification recognizes his deep knowledge and commitment, requiring at least five years of focused practice, extensive continuing education, peer endorsements, and a rigorous six-hour exam. Andrew assists individual clients with: For more information, visit Andrew Brower or email him at [email protected].
To Amend or Not Amend the Declaration at a Meeting
Community associations across North Carolina often face significant challenges when attempting to amend their Declaration of Covenants, Conditions, and Restrictions (declaration). While the declaration is critical for maintaining community standards, amending the document can be a complex and arduous process, particularly when relying on a vote at a formal meeting. The High Threshold for Amendment Approval One of the primary difficulties in amending a declaration is the high approval threshold typically required. Most declarations mandate that amendments receive approval from a supermajority of the membership, often ranging from 67% to 75% of the total voting members. Achieving this level of … Continue reading