Depending upon your community structure and governing documents, it is entirely possible that your HOA will provide maintenance within the community.  Examples of this are where townhome community documents provide that assessments cover select items of exterior maintenance (such as roofing systems, siding, or yardwork).  Condominium associations also may have an easement to access the interior of owner units in order to access the “common elements” (frequently the interior “guts” of the walls—utility lines/plumbing).  Such maintenance will involve the community association sending out contractors to assess the maintenance needs, and also performing work.  These contractors will be arranged and hired … Continue reading →

Earlier this week, the North Carolina Court of Appeals issued a decision in Grooms Property Management v. Muirfield Condominium Association. The case dealt with interpreting and applying insurance provisions in the declaration of an older condominium governed by the NC Unit Ownership Act, and determining the association’s obligation to purchase insurance and the application of proceeds in the event of a total destruction. The condominium building in question had been entirely destroyed by fire, and the cost of complete exterior and building repairs was estimated to be between $1.36 and $1.46 million.  The Declaration in this case required the association … Continue reading →

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 →