So, what do state boards that regulate community association managers and dentists have in common? According to a decision from the U.S. Supreme Court last week, possibly more than you’d think. Interestingly, the case of North Carolina State Board of Dental Examiners v. Federal Trade Commission has received little attention beyond lots of chatter by licensing boards, regulatory lawyers, and state legislators. Dawn Bauman, CAI’s Senior Vice President of Governmental Affairs, posted about the case to community association lawyers last week and there was not a single reply. This isn’t a case to be ignored, as it will likely impact many states … Continue reading →

On Wednesday, December 3, 2014, from 11:30 am-2 pm I’ll be speaking on “Hot Legal Topics in Community Management” at the Charlotte Lunch ‘n Learn of the NC Chapter of the Community Associations Institute. The program is at Maggiano’s Little Italy at South Park Mall (4400 Sharon Road) in Charlotte. The cost for the program is $30 for CAI members/$40 for non-members. Topics will include: If you wish to attend, please register AS SOON AS POSSIBLE at by calling CAI-NC at 919-929-9312, as you must register to attend. Sponsorships are available. Feel free to forward this information to any managers, directors, community members, or others … Continue reading →

An article from another law firm in the Charlotte Observer last week suggested that all North Carolina HOA and condominium associations must have Workers’ Compensation coverage or suffer the consequences. The article can no longer be found online, but here’s the short version: Since the article appeared, we’ve been inundated with questions from managers and associations as to whether they must rush out and purchase Worker’s Comp coverage, and if so, what product and in what amount? As you can imagine, both of these are complicated questions and could vary by association and circumstances. (For instance, only NC planned communities created after January … Continue reading →

Our modern society is always looking for opportunities to limit our footprint on the environment and to increase sustainability in a modern world.  Wind, solar, and other renewable resources are common topics of conversation.  As part of this push, many states have enacted laws that encourage businesses and individuals to incorporate and use these technologies as a part of our everyday lives.  For those of us who live in a homeowner’s association, we may or may not have rules that either allow or prohibit installation of solar panels. The first relevant date for a homeowner’s association in North Carolina is … Continue reading →

Most often the Declaration of Covenants, Conditions and Restrictions (also known as the “CCR’s,” “Declaration of Condominium,” “Restrictions,” or by other names) is the highest governing document within an association. Typically, the terms of this document cannot be waived without express authority. After all, the Declaration is a binding contract among the members of the Association. Of course, language in the Declaration usually yields to express state statute or federal law. With that in mind, it is rather concerning to read House Resolution 4969 (“Amateur Radio Parity Act of 2014”) introduced last month by Congressman Adam Kinzinger (16th District, Illinois). HR 4969 would rewrite … Continue reading →

Following this year’s national CAI Community Association (HOA and condo) Law Seminar, the College of Community Association Lawyers presented a “Best Manuscript Award” for the presentation with the best accompanying materials. First recipients of the Award were David Graf of Moeller Graf, P.C. in Englewood, CO and Steve Weil at Berding & Weil, LLP in Walnut Creek, CA for “Community Association Voting: Evolving Trends in Membership Elections of Directors and the Authorization of Corporate Action” (available at Law Seminar Best Manuscript). The 2015 Community Association Law Seminar will be held Wednesday, January 28 through Saturday, January 31, 2015, in San … Continue reading →

Community associations (HOAs and condos) can become cash-strapped for a variety of reasons—unexpected large repairs, increased utility expenses, weather related emergencies, or simply years of poor planning. Often the current board members are not the ones to blame. After all, they are simply trying to locate funds to pay necessary expenses, without which essential services such as water or electricity may be cut off. While there can be instances of financial malfeasance, most association financial crises are not the result of intentional wrongdoing. We see associations that kept assessments low for many years running headfirst into increased utility costs or unexpected expenses, at which … Continue reading →

The N.C. General Assembly is about to wrap up its two-year legislative session, so bills are flying around. In my legislative update of 2013 activity (www.lawfirmcarolinas.com/blog/nc-community-association-2013-legislative-roundup/), I noted several bills that while not adopted were still eligible for consideration in the 2014 Short Session. One of those, House Bill 330 (“Planned Community Act/Declarant Rights”) was signed into law by the Governor yesterday (Monday, July 7). HB 330, which was originally sponsored by Representatives Rob Bryan (Mecklenburg), Paul “Skip” Stam (Wake), Tom Murry (Wake), and John Szoka (Cumberland), was intended to clarify language in the Planned Community Act as to the transfer of … Continue reading →

A case issued by the North Carolina Court of Appeals today suggests there are instances when an amendment to a Declaration (also known as Covenants, Conditions and Restrictions) has to pass an “original intent” test.  In Wallach v. Linville Owners Association, Inc., the original Declaration provided for reduced assessments for lots owned by builders. Several years later and after transition, the membership followed the amendment process to amend the Declaration to require equal assessments from all lots (and eliminating the reduced rate for builders). On appeal, the builders argued that such an amendment “contravenes the original intent of the Declaration.”  The Court … Continue reading →

Exciting news—the expansion to our Greensboro office is finished and our large meeting room/training center is now open! (See photo.) Our newest conference room has a flexible arrangement and can be used for training, board meetings, videoconferencing, or even smaller membership meetings. While the standard set-up easily seats about 30 with tables, the room can be rearranged and has seating for 60. The room also is equipped with electrical plugs throughout, Wi-Fi, and an 80” widescreen TV for presentations or videoconferencing. We intend to regularly use this space for HOA/condo training and larger meetings that involve our attorneys. However, in the event you or … Continue reading →

“Restrictive Covenants.”  Hearing that phrase has made homeowners and their respective Boards of Directors cringe since the beginning of time.  Everyone who has ever lived in a Homeowner’s Association is familiar with the idea that there are certain things you may and may not do with your property.  If not, you might want to check into that. The original idea behind restrictive covenants was not some crazy person’s attempt to figure out a way to make homeowners’ lives more burdensome.  Instead—as many association’s “Declaration of Covenants, Conditions, and Restrictions” lay out—the idea is to work together to increase the value … Continue reading →