Two recent Wall Street Journal articles highlight a growing problem for homeowners associations and condominium associations. One reports that Fannie Mae and Freddie Mac are tightening reserve expectations for condominium projects. The other reports a significant increase in HOA-related foreclosure filings as Associations face rising expenses and more owner delinquencies. Those may sound like different stories. They are really parts of the same problem. Association expenses are increasing, while homeowners are increasingly concerned about how much they are being asked to pay. The Cost of Running a Community Is Going Up Insurance is one obvious example. The Wall Street Journal … Continue reading
Category Archives: HOA & Condo Associations
New Business Court Decision on HOA Board Duties and Owner Claims: Brock v. Kyryk
The North Carolina Business Court recently issued a decision involving a substantial HOA special assessment and claims against the Association and individual Board members. In Brock v. Kyryk, 2026 NCBC 62, which was decided on July 8, 2026, the Court dismissed the owners’ complaint. The case arose after Hurricane Helene caused significant damage to roads and common-area infrastructure in The Settings of Black Mountain. The Board estimated repair costs at approximately $2.7 million and approved a special assessment of $3,970 per lot to help fund the repairs. Several owners challenged the assessment process and later sued for breach of fiduciary … Continue reading
Key Legal Considerations For Community Association Loans
Loans can be an effective financial tool for community associations. Whether the goal is replacing roofs, renovating pools and other amenities, addressing deferred maintenance, or responding to an unexpected emergency, borrowing may allow an association to complete necessary projects without imposing a large one-time financial burden on owners. Like any debt, however, a loan is a long-term financial commitment that should be approached carefully. Before signing loan documents, boards should ensure they have the legal authority to borrow, understand the obligations they are assuming, and communicate openly with the membership. Below are several important considerations for North Carolina community associations … Continue reading
Law Firm Carolinas Welcomes Three New Community Association Attorneys
Law Firm Carolinas is pleased to announce the addition of three attorneys to the firm’s Community Association Law practice, which represents homeowner, condominium, and townhouse associations throughout North and South Carolina. Blakley Jones, based in the Charlotte office, will practice in both North Carolina and South Carolina. She advises homeowner and condominium associations on governance, operations, litigation, and real estate matters. Before joining Law Firm Carolinas, she practiced civil litigation in New York, focusing on insurance defense and commercial disputes. She earned her law degree, magna cum laude, from Loyola University New Orleans College of Law. Blakley can be reached … Continue reading
Flock Cameras Are Coming to HOAs and Condos. Is Your Association Ready?
Automatic license plate readers, or “ALPRs,” are becoming more common in homeowner and condominium associations. Flock Safety is the best-known provider, although other companies offer similar systems. An ALPR is more than a traditional security camera. It photographs passing vehicles and uses software to identify the license plate, vehicle type, color, location, and time. The information is stored in a searchable database, usually for a limited period. Why Are Associations Installing Them? Associations generally install ALPR cameras at community entrances to help address: The cameras may provide useful information after an incident. They may also allow an association to provide … Continue reading
New North Carolina Law Creates Filing Requirement for Most Every HOA and Condominium Association
If you serve on the board of a homeowners or condominium association, you probably think of your community as being governed by the North Carolina Planned Community Act or Condominium Act. That’s true, especially for newer associations. But it is only part of the picture. Most homeowners and condominium associations in North Carolina are also nonprofit corporations. That means they must follow the North Carolina Nonprofit Corporation Act as well. In fact, North Carolina law requires every planned community created on or after January 1, 1999, with 21 or more lots to be organized as a nonprofit corporation. Most condominium … Continue reading
Three Common Meeting Myths That Can Slow Down HOA Boards
Community association board meetings are often more formal and complicated than they need to be. Many common meeting practices come from rules designed for large annual membership meetings, not smaller board or committee meetings. In a recent article published by the Community Associations Institute, I addressed three common procedural myths that can slow down HOA and condominium board meetings. Understanding these differences can help boards encourage discussion, make decisions more efficiently, and conduct more productive meetings. Read the full article: Board Meetings Aren’t Annual Meetings: Three Common Meeting Myths
Congress Limits Institutional Investors from Buying Single-Family Homes
Although the housing affordability debate has been front and center for years, only recently has that debate included questions about entities buying up single-family homes as investment opportunities. Leasing, short-term leasing, and especially the large-scale purchase of homes intended to be leased, has been a hot topic for community associations, their boards, members, managers, and others in the industry. On July 11th, the 21st Century ROAD to Housing Act became law and will impact who is able to purchase homes, the housing market, and local communities. Although debate has suggested a broad ban on investor-owned housing, the actual legislation is … Continue reading
No Drama, Just Order: Practical Tips for Better HOA and Condo Board Meetings
This article is adapted from my conversation with Robert Nordlund on HOA Insights: Common Sense for Common Areas, Episode 162, “Handle Conflict at HOA Board Meetings Without the Drama,” presented by Association Reserves on June 15, 2026. A link to the full podcast or video is available here: Community association board meetings do not have to feel like a courtroom, a city council meeting, or a parliamentary procedure exam. Most HOA and condominium boards are small groups of volunteers trying to make sensible decisions for their communities. That said, meetings still matter. Boards are making decisions about property, money, contracts, … Continue reading
Understanding a Community Association’s Authority to Adopt Rules and Regulations in North Carolina
One of the most common questions asked by community association boards and managers is: “Can the board simply adopt a rule addressing a problem in the community?” The answer depends on the source and scope of the association’s authority. While most declarations grant boards some authority to adopt rules and regulations, that authority is not unlimited. In North Carolina, an association’s rule-making power must be grounded in authority contained within the recorded declaration or bylaws, and any rules adopted must be reasonable and consistent with applicable law. Rule-Making Authority Begins with the Declaration Before adopting any rule, boards should first … Continue reading
Should Your HOA or Condo Association Have a Facebook Page or Other Social Media Presence?
Many boards are looking for better ways to communicate with owners. Email newsletters, websites, text alerts, and social media can all be effective tools for keeping residents informed. When discussing social media, however, it is important to distinguish between an official association account and an owner-created page or group. This article addresses official association social media accounts, whether on Facebook, Instagram, Threads, Nextdoor, LinkedIn, or other platforms. In most cases, a community association has little or no control over independent social media groups created by owners, even if many residents participate in them. More Communication Is Usually Better As a … Continue reading
Are Emotional Support Animals Still Protected Under Fair Housing Laws?
A new HUD memorandum is generating headlines suggesting that emotional support animals (ESAs) may no longer receive protection under federal fair housing law. Some articles have gone so far as to suggest that associations can now deny ESA requests that previously would have been approved. The reality is more complicated. On May 22, 2026, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity issued a memorandum directing HUD enforcement staff to prioritize cases involving animals that have been trained to perform disability-related tasks. The memorandum represents a significant shift in HUD’s enforcement approach, although it does not amend the Fair … Continue reading
Charlotte Water Restrictions Begin May 15: What Community Associations, Their Managers, and Vendors Need to Know
Beginning Friday, May 15, 2026, Charlotte Water will implement mandatory Stage 2 water restrictions in response to ongoing drought conditions across the region. The restrictions apply to residential customers, community associations, and businesses operating within Charlotte Water’s service area. The mandatory reductions primarily target “discretionary” water use, while essential and certain “community/business” uses remain permitted. Charlotte Water has also indicated that some activities that would normally be restricted may continue if performed by a licensed business or for community-serving purposes. Restrictions for Homeowners Under the Stage 2 restrictions, residential irrigation is limited to two days per week during overnight hours … Continue reading
Institutional Investors and Rental Restrictions: Congress Steps In
In a prior article, HOA and Condo Rental Restrictions and Institutional Investors, I discussed the increasing role of institutional investors in the single-family housing market and the steps many community associations are taking, including rental caps and leasing restrictions, to address large-scale investor ownership within their communities. That discussion focused on what associations can do through their governing documents. A recent development suggests that this issue may now be moving beyond governing document amendments and into federal action. A recent report from CNN highlights proposed federal legislation, often referred to as the “21st Century ROAD to Housing Act,” that would … Continue reading
You Don’t Have a Current Will? What Are You Thinking?
I was talking recently with my law partner, Andrew Brower, who spends most of his time on estate planning. At some point the conversation turned to how many people either do not have a will at all or have one that has been sitting in a drawer for years. The percentage is . . . higher than you would expect. Studies suggest somewhere between about 55% and 75% of Americans do not have a will. And even among those who do, many have not looked at it in a long time. Life may have changed, but their documents have not. … Continue reading
“Security” Cameras? Associations Should Be Careful What They Promise
Cameras can help associations understand what happened after an incident, but they don’t provide “security.” Using the wrong language or policies can create liability. Here’s what boards should know before installing or adopting a camera system. Continue reading
Fannie Mae Issues Updates to Project Standards and Property Insurance Requirements
Hot off the presses, Fannie Mae has issued new condominium project standards and property insurance requirements to address rising insurance costs and limited availability; improve financial stability of condo projects; simplify processes for lenders/servicers; and align with Freddie Mac and guidance from Federal Housing Finance Agency. Why does this matter to community associations? The condominium world has seen significant financial challenges in the last five years. Some condominiums have suddenly found themselves on a “Do Not Loan” list, and others have struggled to find required and affordable insurance. Most condominium loans are federally backed, either initially or through purchase of … Continue reading
150 Years of Robert’s Rules of Order
This Thursday, February 19, 2026, we mark the 150th anniversary of the first publication of Robert’s Rules of Order in 1876. For 150 years, this book has helped groups hold fair, organized, and effective meetings. That is an extraordinary legacy for a book written by an Army engineer. Who Was General Robert? Henry Martyn Robert was a general in the United States Army Corps of Engineers. He was not trained as a lawyer or politician. He became interested in meeting procedure after being asked to preside over a church meeting that quickly became confusing and disorderly. As I discussed in … Continue reading
Running Better, More Legal, Virtual Meetings
In May 2022, my law partner, Harmony Taylor, and I presented a program at the Community Associations Institute (CAI) Annual Conference on running better, more legal virtual meetings for community associations. By that point, most boards and managers had already experienced electronic meetings out of necessity. What remained unsettled was not whether meetings could be held online, but whether they were being conducted in a way that was legal, defensible, and effective. The questions we heard were consistent. Can we meet virtually at all? Does it matter whether the meeting is for the board, the members, or a committee? What … Continue reading
Involved With HOAs or Condominium Associations? Make Sure You Have the Correct Copy of Robert’s Rules of Order
For homeowner and condominium associations, membership and board meetings are not routine gatherings. Membership meetings tend to be where directors are elected and governing documents amended. Boards govern the association throughout the year, exercising authority that directly affects owners’ property rights and financial obligations. Because of that, how meetings are conducted matters, both legally and practically. In many states, and in many association governing documents, meetings are required to be conducted in accordance with the most recent edition of Robert’s Rules of Order (sometimes described as the “current” or “latest” edition). When that is the case, having the correct and … Continue reading