The 2013 North Carolina General Assembly adopted several significant amendments that impact owners in homeowner associations and condominium associations. For more details, see these past blog posts (THE LINKS HAVE BEEN UPDATED TO KEEP CURRENT): HOA & Condo Collections – Significant October 1 Law Changes Revised Assessment Lien Statute New Voluntary Prelitigation Mediation Law All of these new statutes are now in effect. Interestingly, these changes can be hard to track down. Even the online statutes at the North Carolina General Assembly Website do not have the current language. As a result, if you need the current language of the … Continue reading
Category Archives: HOA & Condo Associations
Slaughter Elected 2014 President of CCAL
For Immediate Release From the Community Associations Institute12/12/2013 – Falls Church , VA Jim Slaughter, a partner in the North Carolina law firm of Law Firm Carolinas, has been elected president of CAI’s prestigious College of Community Association Lawyers (CCAL). He will assume office January 1, just prior to CAI’s 35th Annual Community Association Law Seminar in Las Vegas. “Serving as president is a great honor given the respect I have for CCAL and its members,” said Slaughter. “In addition to being premiere community association lawyers, our members generously share their knowledge and expertise through articles, books and programs for … Continue reading
Association Attorneys (And Others) Should Attend the 2014 Community Association Law Seminar
Each year about this time I like to share information on the excellent national Community Association Law Seminar, sponsored by the Community Associations Institute (CAI) and the College of Community Association Lawyers (CCAL). The 2014 program will run from Thursday, January 23 through Saturday, January 25 in Las Vegas, NV. This Law Seminar is the 35th annual, and the speakers and programs are always outstanding. The faculty includes many of the best homeowner and condominium attorneys in the country. This year’s program will include the popular case law update as well as over 20 separate sessions dealing with different aspects of community association … Continue reading
Notes and Comments on Robert’s Rules Receives 2013 Phifer Award
Notes and Comments on Robert’s Rules of Order, Fourth Edition [now Notes and Comments on Robert’s Rules, Fifth Edition, updated for the 2020 Robert’s] has received the 2013 Phifer Award from the Commission on American Parliamentary Practice (CAPP), an affiliate of the National Communication Association (NCA). The Award recognizes distinguished scholarship in parliamentary procedure and was presented to authors Jon Ericson, Gaut Ragsdale and Jim Slaughter at NCA’s recent 99th annual convention in Washington, DC. The Phifer Award is named for the late Gregg Phifer, a longtime professor of communication and instructor of parliamentary procedure at Florida State University. “While … Continue reading
What to Do About Speeding Cars on Community Association Roads in North Carolina
We’ve gotten many more calls recently from homeowner and condominium association clients dealing with speeding vehicles on community association roads. Perhaps people are speeding more, or it may simply be that associations have gotten fed up with the problem. Whatever the case, the options in North Carolina can at times be limited. In some states, statutes clearly provide what an association can (or cannot) do on its own or even public roads in the association. Without such clear statutes, in North Carolina the issue often comes down to the status of the roads, the governing documents, and specific circumstances. Community Association Speeding Options … Continue reading
What Happens if You Lose Quorum During a Meeting?
My last blog concerned “What Happens if You Don’t Have Quorum at the Start of a Meeting?” A related question is, “What happens if you start the meeting with a quorum, but lose it during the meeting?” While the issue of quorum at the beginning of a meeting can be complicated, the issue of vanishing quorum can get downright confusing. That’s because you can end at a different result depending your type of organization (nonprofit corporation, membership meeting, board, shareholder meeting, governmental body, HOA, condo association, etc.) and location (different states have different statutes). What is the Significance of Meeting Quorum ? Under common … Continue reading
What Happens if You Don’t Have Quorum at the Beginning of a Meeting?
Quorum is the minimum number of members who must be present at a meeting to transact business. The requirement protects the organization by preventing a very small number of members from taking action on behalf of the entire organization. While there are some exceptions (see below), no motions or votes should occur unless there is a quorum. What Is the Right Quorum? Quorum can be an absolute number (“five members of the board”) or a percentage (“20 percent of the votes in the condominium”) and is usually established in the governing documents, such as the constitution or bylaws. However, quorum is … Continue reading
Should Annual Meetings Approve Minutes?
Like board meetings, an annual meeting of a nonprofit, condominium association, or homeowner association should keep accurate minutes. After all, adopted minutes are the official record of actions taken at a meeting. Well-written minutes may be the best proof of whether a proposal was adopted or the exact wording of a motion, possibly even years later. (See “A Minute on Meeting Minutes” for tips on best practices.) Who Approves Annual Meeting Minutes? But who should vote to approve annual meeting minutes? It’s not uncommon for such membership meetings to take up the minutes as an early item of business at the following annual meeting. But … Continue reading
A Minute on Meeting Minutes
Adopted meeting minutes are the official record of actions taken at a meeting. As a result, well-written minutes can be invaluable. In the event of a dispute, minutes are the best proof of whether a proposal was adopted or the exact wording of a motion. State statutes and governing documents can, but usually don’t, address what must be in meeting minutes (a few statutes regulate the minutes of governmental bodies and condos/HOA’s). Even without such guidance, if you follow Robert’s Rules of Order, you’re in luck. The current edition, Robert’s Rules of Order Newly Revised, gives excellent advice on minutes. The short version … Continue reading
HOA & Condo Collections – Significant October 1 Law Changes
Earlier this summer I posted a blog on some of the more significant changes to the assessment lien statutes in NCGS 47C-3-116 (NC Condominium Act) and 47F-3-116 (NC Planned Community Act) effective October 1 (that blog post can be found at http://www.lawfirmcarolinas.com/blog/revised-lien-for-assessments-law). Most of the substantial changes involve steps that are later in the collections process and mostly of interest to attorneys. However, two of the new requirements that take effect October 1 may fall on the association. First, the statute has added to the list of places that the 15-day attorneys’ fee letter must be mailed. (This is the letter that is sent to … Continue reading
Lien Back: A Relaxing Look at the North Carolina Mechanics Lien Law
The North Carolina Mechanics Lien Law provides more visibility to parties providing work on a construction project. Before April 1, 2013, there was no clearly defined way to determine which parties performed work on a construction project outside of asking the contractor (and taking their word for it), or finding a claim of lien and/or judgment filed at the courthouse by a subcontractor. The new law allows title insurance companies, attorneys, lenders, owners, inspectors, contractors, and subcontractors to view and track any construction projects by login to LiensNC.com. This website shows the owner/contractor of a project and will list any … Continue reading
Revised Assessment Lien Statute
Last week I posted a Q&A discussion on the new HOA/Condo Prelitigation Mediation Law. The other significant community association legislation adopted in North Carolina this year was HB 331 (“HOAs/Uniform Lien Procedure.”), which takes effect October 1, 2013. Here’s a link to the new law: http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H331v5.pdf. The changes to NCGS 47C-3-116 (NC Condominium Act) and 47F-3-116 (NC Planned Community Act) may appear to be a complete rewrite of the “Lien for Assessments” sections, but most are technical changes. That is, much of the current wording is stricken, but most everything is then put back in through revised language. There were several purposes behind … Continue reading
New Voluntary Mediation Law for HOAs and Condos
House Bill 278 concerning voluntary prelitigation mediation for disputes in community associations (HOAs and condominiums) was ratified earlier this year. In fact, the new law took effect July 1 and applies to all community association disputes (except for a few exempted ones). Since the law is already in effect, let’s look at some of the questions we’ve already received about the new NCGS § 7A-38.3F. Because circumstances vary and it’s impossible to give legal advice in a short blog, speak with us or another community association attorney if you have questions about the new law. What’s the purpose of the … Continue reading
North Carolina Community Association 2013 Legislative Roundup
2013 North Carolina Bills Impacting Community Associations (Homeowner and Condominium Associations) The General Assembly adjourned for this year on Friday (July 26). While North Carolina actually has two-year sessions (2012-2013), it is unlikely that any special sessions this fall will take up HOA/condo issues prior to next year. As a result, now seems a good time to re-cap the bills introduced in 2012 that would in some way impact homeowner or condominium associations in North Carolina. Some are big, and some small—I’ve tried to list them all. (See also NC 2013 Community Association Legislative Update.) The order of listing below warrants explanation. The top … Continue reading
Free Parliamentary Motions Guide to the Current Robert’s Rules of Order
The latest Robert’s Rules of Order is Robert’s Rules of Order Newly Revised (11th Edition)[now the 12th Edition published in 2020]. Each new edition brings changes to procedure (the 11th Edition lists 120). If you go hunting in Robert’s, you’ll find more than 80 different motions, but that’s more motions than you’ll likely need in a lifetime of meetings. Robert’s Rules of Order permits small boards to operate quite informally. Even large membership meetings can survive on fewer than about a dozen motions. Click the following motions guide for a Roberts Rules of Order PDF. Visit www.jimslaughter.com for other charts and motions guide to Robert’s Rules … Continue reading
Finding the Right Robert’s Rules of Order
At several recent association meetings I’ve seen members using the wrong Robert’s Rules of Order (that is, books that look like Robert’s, but aren’t). Does which version of Robert’s Rules is used make a difference? Absolutely! Many organizations dictate in their governing documents that a particular parliamentary book will be followed when transacting business. State statutes often require corporations, nonprofits, or government bodies to follow specific rules or even Robert’s Rules. For instance, both the N.C. Planned Community Act and the N.C. Condominium Act provide that community association membership and board meetings must be conducted according to “the most recent edition of Robert’s … Continue reading
NC 2013 Community Association Legislative Update – May 17
It’s been a busy legislative week! Yesterday (Thursday, May 16) was this session’s “crossover deadline.” That’s the day non-budget bills must have passed either the House or the Senate or are dead for the session. (CAVEAT: “Dead” legislatively doesn’t always mean “completely dead.” As a News & Observer article recently noted: “[Legislative] rules are made to be circumvented, so there are many ways to keep legislation alive.” Also, bills that spend or take in money are not usually subject to crossover deadlines.) Generally, though, if a non-budget bill hasn’t passed one chamber by the deadline, it’s done for the two-year session (through the … Continue reading
Bragging on Friends
As a Board of Governors member of CAI’s College of Community Association Lawyers (CCAL), I have to brag on a few friends and CCAL members. The Community Associations Institute recently held its 2013 Annual Conference and Exposition in San Diego. At that conference, three CCAL members received three of CAI’s highest recognitions. With all due respect for other award winners, I want to talk about three for a moment: There is an impression in the legal world these days that lawyers do less outside of simply working on clients’ files. These three and their recognitions prove that trend wrong! So, congratulations to Pia, Don, and … Continue reading
Happy Birthday, General Henry Martyn Robert!
Today (May 2) is the 176th birthday of the author of the original Robert’s Rules of Order, Henry Martyn Robert. He was born May 2, 1837, in Robertville, South Carolina. Henry Martyn Robert and Roberts Rules of Order History The current edition of the book, Robert’s Rules of Order Newly Revised (11th Edition)[now the 12th Edition released in 2020], would be hardly recognizable to Robert. His 1876 Pocket Manual of Rules of Order for Deliberative Assemblies was 176 pages long. Robert’s vision was to create a “very brief pocket manual, so cheap that every member of a church or society … Continue reading
NC 2013 Community Association Legislative Update
With about half of this year’s portion of the 2013-2014 North Carolina Legislative Session over, now seems a good time to review some of the community association related bills introduced so far. Most of the following have only been filed and received little discussion, so it’s hard to know where things may head. Also, things in the General Assembly can be hectic, so I hope everything is accurate (a link is attached at the end of each paragraph to take you to details on any specific bill). Proposed NC Community Association Bills If adopted, the bills listed below would in … Continue reading