As a past President of the College of Community Association Lawyers (CCAL), I try each year to provide details on CAI’s Community Association Law Seminar. The Law Seminar is the premiere HOA and condo legal program held each year. This year’s Law Seminar is the 42nd annual and will be held January 25-29, 2021 through an online format. Like so many things these days, the Law Seminar will be different due to the pandemic. But in some ways the virtual format will be more convenient and flexible. The program will be held several hours each day (rather than three very … Continue reading
Category Archives: HOA & Condo Associations
Coronavirus (COVID-19) HOA & Condo Blog Articles
Since February of this year, we have posted a number of articles on how community associations should respond to the coronavirus crisis as well as changes in HOA/condo practices that may need to be considered. For ease of finding, these articles are linked below: The Coronavirus, Flu, and HOA/Condo Association Meetings – 2/26/20 Coronavirus: What Should Homeowner and Condominium Associations Do? – 3/1/2020 “Let’s Have Our Meeting or Convention Online!” – 3/14/2020 How to Hold Your North Carolina HOA/Condo Hearing in a Pandemic – 3/24/2020 Should My Community Close Its Common Areas Due to COVID-19? – 3/25/2020 What to Do … Continue reading
HOA & Condo Holiday and Seasonal Decorations: How to Regulate Without Being a Scrooge!
It is that time of year again. The time when families (especially this year) need a little festive spirit in their lives. As such, many homeowners begin to decorate their homes for the holidays. These decorations can range from a wreath on the door to a Griswold style light show with a ten foot tall inflatable Santa in the front yard. Yikes! Needless to say our firm gets many questions about regulation of holiday and seasonal decorations, especially during the fall and winter months. Can the Association Regulate Exterior Holiday and Seasonal Decorations? As with most homeowner and condominium association questions, the … Continue reading
COVID-19 Update: Indoor Gathering Limit Reduced
Governor Roy Cooper announced earlier today (November 10, 2020) that Phase 3 coronavirus restrictions will remain in place for the time being. However, due to an increase in the number of coronavirus cases and the upcoming holidays, the attendance cap on indoor gatherings is being lowered. As a result, the new restrictions will limit indoor meeting attendance to 10 (reduced from 25) “at the same time in a single confined indoor or outdoor space, such as an auditorium, stadium, arena, or meeting hall.” Such requirements should be taken into account when planning any association in-person membership or board meeting. The … Continue reading
Lessons Learned from Large Virtual Conventions, Representative Assemblies, and House of Delegate Meetings
During the COVID-19 pandemic, virtual meetings such as Zoom and GoToMeetings have been invaluable for allowing people to interact face-to-face online. However, as helpful as virtual meetings can be for smaller groups, large gatherings of hundreds or more pose different problems. That’s particularly the case for very large conventions, representative assemblies, houses of delegates, and governing councils. Such meetings are more complicated when held online because of the number of delegates and usual types of business (credentials, rules, bylaws amendments, large budgets, legislative programs, resolutions, numerous new business items). In addition, such meetings typically see more motions (amend, refer, close … Continue reading
New NC Executive Order Extends Virtual Membership Meetings Through December 29
Membership meetings of North Carolina nonprofit corporations, including homeowner and condominium associations, can continue to be held virtually/electronically for at least the next 60 days. Since September 1, North Carolina’s Phase 2.5 (now 3.0) restrictions have limited indoor meeting attendance to 25 and outdoor attendance to 50 “at the same time in a single confined indoor or outdoor space, such as an auditorium, stadium, arena, or meeting hall.” Such requirements should be taken into account when planning any association in-person membership or board meeting. Executive Order #136 issued by the Governor on April 24, 2020, allowed for nonprofit membership meetings … Continue reading
COVID-19 Update: What Phase 3 Means for NC HOAs and Condos
It’s been awhile coming. Today, September 30, 2020, Governor Roy Cooper has announced that North Carolina will move to “Phase 3” with regards to coronavirus restrictions this Friday, October 2 at 5 pm. Some restrictions will remain in place, but others have been loosened. Executive Order #169 covers a host of businesses and activities, but here are some highlights for North Carolina homeowner and condominium associations: General Recommendations. Those at risk of severe illness from COVI-19 (individuals 65 years or older or those with serious underlying medical conditions) are encouraged to stay home. Restrictions on gatherings. Executive Order #169 maintains … Continue reading
Flags and Political Signs in North Carolina HOAs
With the nation preparing for elections in November, community associations are finding themselves in the crosshairs of a debate over when and how free speech may be exercised by residents in their communities. Impassioned residents want to express their opinions through signs, flags, bumper stickers, t-shirts and even sidewalk chalk decorations, and they may run up against restrictions in their governing documents or local ordinances. After fielding countless questions about this, I put together this blog to provide some general guidance for residents, boards and their members on this issue with a focus on politically focused signs and flags. Let’s … Continue reading
Rezoning Your Property and Other Land Use Changes: Things to Consider
We often believe that as the owners of property that we can use our land however we desire. As we understand in the HOA and condominium world; that is not the case when there are restrictive covenants and declarations filed that regulate the use of an owner’s property. But what if you do not own property that is subject to these types of restrictions? Can you then use your land however you see fit? The answer to those questions is most likely, no. Local municipalities have land use ordinances and regulations in place that dictate a designated “use” that is … Continue reading
Political Signs in HOAs and Condos – 2020 Review
This Saturday, September 19, 2020 is 45 days before the 2020 state and national elections. Why does that matter? Because North Carolina’s complicated statutes regulating political signs in homeowner and condominium associations make “45 days before the day of the election” an important trigger for what can and can’t be done with political signs. Prior to 45 days before the election, so long as the association has the correct wording in the governing documents, a community association can altogether prohibit political signs. (A “political sign” per the statute is a sign that attempts to influence the outcome of an election, … Continue reading
Reopening Gyms and Fitness Centers in North Carolina’s Phase 2.5: Three Steps to Consider
North Carolina’s “Phase 2.5” allows gyms, fitness centers, and exercise facilities to reopen their doors, so long as they comply with the requirements of North Carolina Executive Order #163. The order’s broad language in defining fitness facilities means that this reopening applies to homeowners associations and condominiums just as much as any other gym or center. This guide is no substitute for reading through the executive order and following the rules it puts in place. However, this guide may be helpful in figuring out what to do and where to start. FIGURE OUT YOUR EMERGENCY MAXIMUM OCCUPANCY. The first step … Continue reading
COVID-19 Update: What the New Phase 2.5 Means for NC HOAs and Condos
While not yet Phase 3, NC Governor Roy Cooper has announced that this Friday, September 4 at 5 pm the State will move to “Phase 2.5” with regards to coronavirus restrictions. Some restrictions will remain in place, but others have been loosened. Executive Order #163 covers a host of businesses and activities, but here are some highlights for North Carolina homeowner and condominium associations: Restrictions on gatherings have been loosened. Executive Order #141 issued on May 20 limited indoor gatherings to ten (10) people and outdoor gatherings to twenty-five (25) people. Executive Order #163 increases these numbers to 25 people … Continue reading
NC Executive Order Again Extends Electronic Membership Meetings
Membership meetings of North Carolina nonprofits, including homeowner and condominium associations, can continue to be held virtually/electronically for at least the next 60 days. Since May 20, North Carolina Phase 2 restrictions have limited indoor meeting attendance to 10 and outdoor attendance to 25, which makes it rather hard to hold an in-person association membership meeting. (It can be done, it just requires certain physical arrangements, numerous proxies, or both.) Executive Order #136 issued by the Governor on April 24, 2020, allowed for nonprofit membership meetings to be held virtually under certain conditions. That Executive Order expired on June 23, … Continue reading
Community Association Fact Book 2019 Now Online
The yearly Community Association Fact Book from The Foundation for Community Association Research is always a wealth of information. For anyone who works in, writes about, or just is interested in homeowner or condominium associations, the research is indispensable. (The official purpose of the Fact Book is to provide “research-based information to all community association stakeholders–homeowners, board members, management professionals as well as attorneys, accountants, developers, mortgage lenders, federal agencies, public officials and others–all who work with the Foundation and CAI to build better communities.”) The 2019 Fact Book, meaning the research collected last year, is free and online. Both … Continue reading
New Appellate Case May Impact Townhome Exterior Repairs
Today (August 4, 2020), the NC Court of Appeals issued an opinion that could impact townhome exterior repairs. The case is Shearon Farms Townhome Owners Ass’n II, Inc. v. Shearon Farms Dev., LLC. Shearon is a “published” case, which means the holding is binding on other parties with similar facts. Complex appellate cases are difficult to summarize. Facts matter. Different circumstances can lead to different results. That said, here’s the short version of this 19 page decision: Several townhome owners reported to the association that the exterior siding on their townhomes was severely damaged, as if it had melted. The … Continue reading
How to Hold a North Carolina HOA or Condo Virtual Membership Meeting
Normally (not during a pandemic), virtual membership meetings of homeowner and condominium associations are not permitted. As noted in this Coronavirus, Flu, and HOA/Condo Association Meetings article, members usually have two options for making decisions outside of meetings: (1) “action by written (unanimous) consent” and (2) “action by written ballot.” In addition, for declaration amendments the NC Planned Community Act and Condominium Act allow adoption by “written agreement” from members, which is a different no-meeting process. But recognize that none of these count as a “meeting.” They are all methods of making decisions without a meeting. So, if you want … Continue reading
Updated NC Condominium Act (NCGS 47C)
The NC General Assembly in 2020 has made a number of changes to the North Carolina Condominium Act (NCGS 47C). All of the updated statutes have been signed by the Governor and are now law. Here is a PDF of the revised NC Condominium Act. The document also distinguishes between those provisions that are retroactive to all condos and which apply only to condominiums created after October 1, 1986. For more details on the specific 2020 amendments, you may wish to read this article: NC Community Association Legislative Update – June 24, 2020 For any North or South Carolina HOA/condo … Continue reading
2020 CAI-NC Annual Conference Educational Sessions ONLINE
The Annual Conference of the North Carolina Chapter of the Community Associations Institute will be virtual this year. While the Conference is officially next week, July 23-24, there will be many more educational opportunities on issues of concern to HOAs and condos. Registered attendees at this year’s Conference will choose 4 of 12 learning sessions to attend on Conference days (July 23-24). But one of 12 recorded sessions will be opened each day for viewing online Monday-Thursday in the 3 weeks following the Conference. You can attend or re-attend any as part of Conference registration. In addition, presenters will “attend” online the day … Continue reading
New Firm Name & Partners
New Firm Name The law firm of Black, Slaughter & Black, PA will now be doing business as Law Firm Carolinas. The firm, which practices in North and South Carolina, has four offices: Greensboro, Charlotte, Triangle (Garner) and Coastal (Wilmington). New Partners In addition, three attorneys have been named partners in the firm: Jennifer Ruby, who does general civil litigation, business litigation and appeals. Ruby is a graduate of the University of North Carolina at Chapel Hill (2006) and Elon University School of Law (2010) and is based in the Greensboro office. Michael Taliercio, who manages the firm’s HOA/condo assessment … Continue reading
New Law Offers Important Protection to NC Pool Operators
House Bill 902 was signed into law by Governor Cooper on July 2, 2020 and grants some limitations on liability for privately owned swimming pool operators who open their pools during the COVID-19 pandemic. The Bill applies to community pools owned by private entities, such as apartment complexes, homeowners associations and condominium associations, and protects those pool operators from liability for injury or death allegedly related to COVID-19 if those pool operators have opened the pools in compliance with the various Executive Orders for pool safety issued by the Governor. Probably the most important Executive Order here is Executive Order … Continue reading