Congratulations to Law Firm Carolinas partner Adam Marshall, who has been elected to the Greensboro City Council. A lifelong Greensboro resident and experienced attorney, Adam has long served the city through leadership (often as Chair) on key commissions and boards, including the: He ran a positive campaign and secured a commanding victory, by capturing 67% to 33% of the votes—an impressive achievement in these divisive times. Adam’s solid understanding of city government, steady temperament, and interest in working with others to find practical solutions will make him an excellent member of the Greensboro City Council. Congratulations, Adam!
Category Archives: Real Estate
Attorneys Charles Meier and Bonnie Braudway Join Law Firm Carolinas
Law Firm Carolinas is pleased to announce that the attorneys from Marshall Williams & Gorham, one of Wilmington’s oldest law firms, will join the firm on November 1. For more than 60 years, Marshall Williams & Gorham has served clients throughout southeastern North Carolina in civil litigation, real estate, business, community association (HOA/condo), and estate matters. Joining Law Firm Carolinas’ statewide community association practice are Charles Meier and Bonnie Braudway. Charles Meier brings more than 40 years of legal experience representing community associations, real estate, construction, foreclosure, and commercial clients. He has appeared before state and federal courts, including the … Continue reading
The Four Governing Documents That Shape Every HOA and Condo
How They Work Together and When They Need Updating Every community association–whether a homeowners association (HOA) or condominium–operates under a set of governing documents. Together, these documents define how the community functions, what owners may or may not do, and how decisions are made. Although most owners are familiar with the “rules,” few realize how those rules fit into a hierarchy of authority or how and when those documents should be updated. Declaration of Covenants The Declaration (sometimes called the “Covenants,” “CCRs,” or “Restrictions”) is the document filed with the county that created the community association. It is a contract … Continue reading
Top 3 Questions to Ask a Real Estate Lawyer
If you plan to sell or buy residential or commercial property, one of the most important tasks as part of that process is hiring a real estate attorney. A North or South Carolina attorney needs to be involved in many parts of the closing process in their respective states and can provide guidance along the way to make sure your transaction closes efficiently and effectively for all parties. Below are examples of questions you may want to ask a real estate lawyer though it is customary that we can assist with many other items not listed, just give us a … Continue reading
Waiving Inspections During the Home Buying Process, Is the Risk Too Great?
In recent years, due to extreme market competition, prospective buyers are often foregoing home inspection contingencies to make their offer stand out in order to get preferential treatment for acceptance. When this process does consummate in a purchase closing without a home inspection, it is common that the buyer might regret that decision if they identify major property defects after moving in. Those who discover costly defects could end up financially stressed as new homeowners who are living with buyer’s remorse after making a rushed home purchase in the frenzied market. In any market, you can protect yourself by discussing … Continue reading
Jonathon Woodruff Named Partner at Law Firm Carolinas
Jonathon Woodruff has been named a partner at Law Firm Carolinas, which has five offices in North and South Carolina. A graduate of North Carolina Central University and Campbell University School of Law, Jonathon has experience in both civil and criminal law. He now focuses on representing community associations (HOAs and condominium associations) and supervises the firm’s association assessment collections practice. Congratulations, Jonathon!
Jim Slaughter Elected Fellow of the Prestigious American College of Real Estate Lawyers
Jim Slaughter, a partner at Law Firm Carolinas, has been elected a Fellow of the American College of Real Estate Lawyers (ACREL)—the premier national organization of real estate attorneys. Among nearly 30,000 attorneys practicing in North Carolina, only 18 currently hold this distinction. Jim is the only private practice attorney from North Carolina admitted to ACREL this year. Founded in 1978, ACREL is an invitation-only organization that selects members based on demonstrated excellence, substantial experience, and the highest standards of professional conduct in real estate law. Selection follows a rigorous peer-review and screening process. Jim’s practice has spanned the full … Continue reading
NC Community Association Legislative Update – April 14, 2025
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
Maintaining Retention Ponds and Stormwater Devices In Community Associations
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
NC Community Association Legislative Update – March 20, 2025
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
NC Community Association Legislative Update – March 18, 2025
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
Celebrating Our Firm’s “Leaders in the Law”: Harmony Taylor and Adam Marshall
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
Requirements for NC Real Estate Brokers That Manage Associations
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
NC Hog Farm Lawsuits: Understanding the Legal Battle Over Nuisance Claims
In recent years, North Carolina has been at the center of a legal battle concerning hog farming operations and their impact on surrounding communities. Numerous lawsuits have been filed against major pork producers, with residents alleging that these farms create unbearable living conditions due to odor, pollution, and other environmental hazards. These cases highlight the ongoing conflict between agricultural industry practices and property owners’ rights under North Carolina nuisance laws. Background of the Hog Farm Lawsuits North Carolina is one of the nation’s top pork-producing states, home to thousands of industrial-scale hog farms. These farms utilize large lagoons to store … Continue reading
Liability for Fallen (or Threatening to Fall) Trees
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
North Carolina Hurricane Helene Resources Sheet
Earlier this month we shared information on Legal Tips for HOAs and Condos Following a Natural Disaster, which included links to past association articles as well as online resources. The Community Associations Institute (CAI) has prepared a three-page handout on state, local, and federal resources that might assist those impacted by Hurricane Helene. The document includes guidance on: The North Carolina Hurricane Helene Resources sheet can be found below. CAI will be posting and updating the document as more information becomes available, but said we could share in hopes it is of help.
Legal Tips for HOAs and Condos Following a Natural Disaster
Whenever a natural disaster strikes–whether hurricane, flood, tornado–our office is inundated with calls from HOAs and condo associations on how to move forward. That’s a difficult question to answer globally, as no one size fits all. Community associations vary. Condominiums, townhomes, and single family homes are owned differently and have different responsibilities. Governing documents, such as declarations or bylaws, also have different wording on who is responsible for maintenance of certain items. As a result, while this article can’t provide legal advice for a specific association, here are tips to consider. (1) Prevent further damage. Almost without exception, associations are … Continue reading
Collections, Force Majeure and Other Contractual Considerations Post-Hurricane Helene
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
Update on The Corporate Transparency Act: Tips for Managers and Board Members
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
David Wilson Named CCAL Fellow
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