BILL FILING DEADLINE PASSED LAST WEEK Spring is officially here—longer days, blooming flowers, and a flurry of legislative activity! Last week marked an important milestone for anyone keeping an eye on North Carolina laws that impact community associations (homeowner and condominium associations). As part of the two-year 2025–2026 session, lawmakers just hit a key deadline: the general cutoff for filing bills in both the NC Senate and House was last Thursday. There are always exceptions, of course, but for the most part, what’s been filed is what we’ve got—for now. So, this is a good time to take stock of … Continue reading →

Retention ponds and stormwater management devices play a crucial role in protecting neighborhoods from flooding, erosion, and water pollution. In North Carolina, where heavy rains and hurricanes are common, well-maintained stormwater infrastructure is essential for safeguarding property values, environmental health, and regulatory compliance. Homeowners and condominium associations typically bear the responsibility of ensuring these systems function properly to prevent costly damages and legal consequences. Properly maintained stormwater infrastructure prevents costly repairs. When retention ponds become clogged with sediment or overgrown with vegetation, they lose their ability to manage runoff effectively. This can lead to localized flooding, property damage, and the … Continue reading →

A Busy Week for HOA and Condo Proposals! Yesterday, House Bill 444 (the “Homeowners Association Reform Bill”) was introduced. (For details, see What House Bill 444 Would Mean for North Carolina Condominium & Homeowners Associations). Today, the trend continued with the filing of Senate Bill 378 (“HOA Revisions”). The structure and tone of SB 378 closely resemble last session’s HB 542, though it introduces several new provisions. Some of these proposals have appeared in previous legislative sessions. (For background, see Legislative Update – NC House Select Committee on HOAs Files New Bill and NC Community Association Legislative Update – February 28, 2024) … Continue reading →

What House Bill 444 Would Mean for North Carolina Condominium & Homeowners Associations Today, Tuesday, March 18, House Bill 444 (the “Homeowners Association Reform Bill”) was filed. This is the first bill in the new two-year legislative session that, if adopted, would impact North Carolina homeowner and condominium associations. While some updates to existing laws are necessary, any legislative changes should be made carefully and with common sense. North Carolina has over 15,000 community associations (homeowner and condominium associations) with 2.9 million residents living in them. Any changes that hurt an association’s finances—forcing other homeowners to pay more—or that prevent … Continue reading →

Congratulations to my law partners Harmony Taylor and Adam Marshall on being recognized as “Leaders in the Law” by North Carolina Lawyers Weekly! This prestigious award honors attorneys who have made a significant impact in both their profession and community. Harmony focuses her practice on representing community associations (HOAs and condos) and is a Fellow of the College of Community Association Lawyers (CCAL)—one of only 150 attorneys nationwide and just six in the Carolinas. She has co-chaired the NC Bar Association’s Community Association Law Group for the past two years and served for ten years on the NC Legislative Action … Continue reading →

Community managers of larger homeowner and condominium associations often hold professional designations that demonstrate their expertise and experience in managing association responsibilities. These credentials signify specialized training in financial oversight, legal compliance, and operational management, ensuring associations are efficiently and ethically managed. Some of the most recognized community association management credentials include: For details on these credentials, visit the Community Associations Institute’s Professional Credentials page. Some community managers are also licensed North Carolina Real Estate Brokers. (FYI, I’ve been a broker for 43 years–how time flies!) This month’s eBulletin from the NC Real Estate Commission reminds licensees that when a … Continue reading →

This year, in the aftermath of Hurricane Helene and other storms which have affected our region, we are frequently asked who is responsible for cleanup or damage from fallen trees. This blog won’t address Hurricane Helene issues directly, as this would require an in-depth discussion of insurance and complicated issues involving FEMA, State, and local government. Information on that can be found in Jim Slaughter’s recent blog, Legal Tips for HOAs and Condos Following a Natural Disaster. Instead, this blog seeks to address the more common scenarios that come when trees fall from one property to another and cause property … Continue reading →

Hurricane Helene’s impacts and devastation are still being assessed, but we are already hearing from community associations in the Western part of North Carolina about catastrophic damage to dwellings and infrastructure. Now the focus is simply on restoring access to working phones, power and water, and making sure that association members are safe with access to emergency services. Soon, however, we will begin the arduous task of damage assessment and rebuilding.  All of this will take enormous amounts of money. We are already receiving questions about whether associations should impose some type of moratorium on collection of assessments from owners … Continue reading →

As of today (September 3, 2024), the Corporate Transparency Act (“CTA”) (see What Is the Corporate Transparency Act and Why It Matters to Your Association and Board Members) remains unchanged and still requires registration of certain information by almost all boards of directors of HOAs and condos with FinCEN (the Financial Crimes Enforcement Network). Below are links to updated videos on CTA requirements for managers and board members. CTA Video for Community Managers CTA Video for Sharing with Board Members For reference, the FinCEN Beneficial Ownership Information page can be found at https://fincen.gov/boi. Feel free to share. If you have questions about the CTA … Continue reading →

Congratulations to Law Firm Carolinas’ partner David Wilson, who has been named a Fellow in CAI’s College of Community Association Lawyers! The College, which was created in 1994, recognizes excellence in the practice of community association law. Of the thousands of attorneys who work with homeowner and condominium associations in the US, there are fewer than 200 current CCAL Fellows. As a past national CCAL President, I can say without reservation that David reflects the high standards of professionalism, professional involvement, and passion for community association law the CCAL designation was created to spotlight.​ David’s practice has been 100% HOA/condo law in both North … Continue reading →

As attorneys, we are regularly asked by homeowner and condominium associations to assist with restrictions on rentals, whether complete or percentage bans, restrictions on short-term rentals, or limiting corporate rentals. (See past articles, including HOA/Condo Rental Restrictions, Corporate Owners & Institutional Investors and Short-Term Rentals in North Carolina and South Carolina HOAs and Condominiums). In February of this year, the NC Court of Appeals struck down a condominium rental amendment as unreasonable. (When Is an HOA/Condo Rental Amendment Unreasonable?) Yesterday, August 6, 2024, the NC Court of Appeals again visited the issue of whether a specific declaration amendment restricting rentals is reasonable. … Continue reading →

Here’s an interesting (and frightening) insurance article from The Wall Street Journal. The report seems available on the subscribers’ only site as well as generally online, so here’s a link that should work: Big Jump in Insurance Costs Strikes Condos. One association’s insurance renewal went up four times with 12 carriers refusing to even quote a policy, likely due to the many recent natural disasters and higher rebuilding costs. Industry statistics show average condo insurance increases of 20% with some being 300% to 1,000%. And such increases come on the heals of some states requiring greater expenditures by condominiums as … Continue reading →