Last month, a federal judge approved a $1.2 billion settlement for unit owners and affected families in the Champlain Towers South condo collapse in Surfside, Florida.  The 2021 collapse was the deadliest condominium collapse in United States history and the third deadliest structure failure in United States history.  While the collapse is still under investigation, a leading factor in the collapse appears to be structural support degradation and corrosion caused by water intrusion. Champlain had obtained an engineering report in 2018 which found major errors in the construction of the pool deck, which had allowed rainwater to penetrate into and … Continue reading →

Harmony Taylor & David Wilson In a case of wide-reaching impact, the North Carolina Supreme Court on Friday, June 17, 2022, issued its decision in Belmont Association, Inc. v. Farwig. An earlier blog discussed the factual background and decision from the Court of Appeals in detail.   By way of brief summary, the homeowners in this case installed solar panels on the front facing façade of their roof without approval and the homeowners association commenced fines. Nothing in the declaration explicitly regulated solar collectors, but the association, pursuant to its general authority over architectural matters and aesthetics, refused to allow … Continue reading →

Pool season is often a homeowner’s favorite time of year, as the weather is warm and they are able to be outside socializing with family and friends.  What better way to beat the heat than the community pool!  While pool amenities can offer an outlet for relaxation and socialization for the members, it can often be a source of angst for the Board and manager. Here are a few short tips to make sure you are prepared for the season: Review and revise your pool rules.  Community associations can almost always create reasonable rules and regulations to govern their common … Continue reading →

Ah, spring. Flowers are blooming, birds are chirping, and the sound of power saws, stone cutters and earth moving equipment fills the air. This country is in the midst of a construction boom, and more homeowners than ever before are undertaking home improvement projects. In community associations, these improvements usually require some type of architectural approval to make certain that, once constructed, the new pool, patio or pergola will be aesthetically pleasing and harmonious with surrounding structures.  The process is supposed to start with the owner submitting an architectural request, but sometimes owners don’t know or care to do so. … Continue reading →

On April 18, 2022, Representatives Charlie Crist and Debbie Wasserman Schultz (both U.S. Representatives from Florida) introduced the Securing Access to Finance Exterior Repairs (“SAFER) in Condos Act of 2022.  The bill is designed to address one of the main problems identified following the partial collapse of Champlain Towers South in Surfside, Florida, last year.  Although many condominiums may need significant structural repairs, a recurring problem has always been the ability to obtain financing to pay for the costs of those repairs.  Following the collapse, many condominium associations have begun to evaluate their own buildings in earnest and investigate their … Continue reading →

In a decision issued today (April 5, 2022), the North Carolina Court of Appeals makes potentially significant changes to how amendments to declarations are adopted. As a result, associations considering declaration amendments should consult their attorney to make certain the process meets the new standards for adoption. Bryan v. Kittinger is a “published opinion,” which means the decision is controlling legal authority and can be cited in other cases. Interestingly, though the opinion impacts associations, there is no association involved as a named party in the case. Instead, this dispute is between two lot owners in the Sleepy Hollow Subdivision … Continue reading →

As my colleague, Jim Slaughter, reported last month, the new federal Homeowner Assistance Fund established a program with nearly $10 billion for states to provide relief to those suffering from the effects of the COVID-19 pandemic. For South Carolina homeowners who have become delinquent in their HOA or condo assessments during the pandemic, this program may offer assistance. In general terms, the SC Homeowner Rescue Program (SC HRP) accepts applications from South Carolina homeowners who were impacted by the pandemic and need assistance with housing-related expenses. Funds may be available on a first-come, first-served basis. There are income requirements, as well as … Continue reading →

Individuals who agree to serve on boards for their community associations will inevitably find themselves receiving confidential information about their friends and neighbors. This may be information about an alleged architectural violation, or an unpaid balance due to the association. Sometimes the association will receive complaints about police called to a home, only to learn later of alleged drug activity or a domestic violence situation. This may seem like juicy gossip, and it can be tempting to share this information with others. However, directors owe certain duties of confidentiality to their members, and understanding these duties is essential for the … Continue reading →

Given our firm’s large practice in the Carolinas and our many online resources, I’m asked weekly by individuals in others states about how to find the right community association lawyer for an HOA/condo issue. Community association law is a very focused practice area. There are a number of online directories and Bar lists that can direct you to attorneys who focus on homeowner and condominium associations. However, if you want to find an attorney with a significant HOA/condo practice who has been recognized for exceptional work, I’d recommend starting with the Fellows in CAI’s College of Community Association Lawyers (CCAL). … Continue reading →

The City of Greensboro has met with various stakeholders in the community over the last several months to develop a City wide ordinance to address and create rules for short term rentals. There is no current definition for short term rentals in Greensboro, which means that they are currently regulated under the ordinance covering Tourist Homes (i.e. Bed and Breakfasts). Some of the highlights of the proposed ordinance would be: Short term rentals would be allowed only in residential dwellings. There would have to be a zoning permit for this type of rental. The number of persons allowed in the … Continue reading →

The terms “coup” and “insurrection” are making their way into everyday conversation as of late. We hear about it on the news, but what happens when your community association experiences a similar situation? Meaning, what happens when your HOA or condominium board of directors is the target of an overthrow by the members of the association? It seems to be happening more frequently and is something our firm has encountered on several occasions in the last year or so. Maybe there is something in the water! Being a board member can be a thankless job, and it often seems like owners … Continue reading →

With the collapse of the Champlain Tower South (a part of a condominium located in Surfside, Florida) in June of last year, there has been a search for answers.  Condominium owners want to know whether their building is safe, and boards of directors want to make sure they are taking appropriate steps to prevent another disaster similar to the one in Florida. Although the ultimate reasons for the collapse may not be known for years, it is likely that some problems that may have contributed to the collapse are not unique. The Community Associations Institute (CAI) has published recommendations relevant to … Continue reading →