The Community Associations Institute has many valuable resources for anyone who assists community associations. While these materials are often of most interest to professional community managers and HOA/condo owners, there are also many excellent publications for attorneys. A recent digital book, Guiding Principles for Community Association Governing Documents: A Resource for Lawyers, will be of interest to anyone who has to draft original association documents or amendments to those documents. This is no little brochure, but has excellent, detailed advice for getting the wording of documents right. The Task Force that compiled the recommendations was appointed by the College of … Continue reading
Category Archives: Real Estate
New NC Appellate Case: Williams v Reardon (Covenants and Real Property Marketable Title Act – Part 2)
The North Carolina Court of Appeals has once again determined that restrictive covenants are largely extinguished by operation of the Real Property Marketable Title Act (N.C. Gen. Stat. 47B-1 et seq.) if not included in the chain of title in the preceding thirty years. The decision can be found at C.E. Williams, III et al v. Reardon et al. (Unpublished). Our blog on last month’s Marketable Title Act decision can be found at New NC Appellate Case: C Investments 2, LLC v Auger (Covenants and Real Property Marketable Title Act). This decision leaves one additional case pending for decision in … Continue reading
New NC Appellate Case: Belmont Association, Inc. v. Farwig (Solar Panels/ARC)
Today, Tuesday, May 18, 2021, the NC Court of Appeals issued its decision in Belmont Association, Inc. v. Farwig (the first appellate review of North Carolina’s solar law!). The decision may impact the installation of solar panels in planned communities, and is a “published” decision. That means the decision is controlling legal authority and can be cited in other cases. When N.C. Gen. Stat. § 22B-20 (“Deed Restrictions and Other Agreements Prohibiting Solar Collectors”) became law in North Carolina in 2007, it changed the way homeowners associations handle architectural requests. Prior to this statute, an HOA could simply follow the … Continue reading
New NC Appellate Case: C Investments 2, LLC v Auger (Covenants and Real Property Marketable Title Act)
Today, Tuesday, May 18, 2021, the NC Court of Appeals issued its decision in C Investments 2, LLC v Auger. The decision may impact restrictions in planned communities based on the Marketable Title Act, and is a “published” decision. That means the decision is controlling legal authority and can be cited in other cases. The Marketable Title Act To understand the decision, you need to understand what the NC Real Property Marketable Title Act (“MTA”) is and why it is important. Prior to 1973, anyone buying real estate who wanted to know what restrictions applied to that property had to go back, … Continue reading
New NC Appellate Case: Executive Office Park of Durham Association, Inc. v Rock (Older Condo Collections)
NOTE: The case that is the subject of this blog was reversed by the NC Supreme Court in November 2022. See New NC Supreme Court Case: Applicability of Condominium Act Foreclosure Rights to Pre-1986 Condominiums. Today, Tuesday, May 18, 2021, the NC Court of Appeals issued its decision in Executive Office Park of Durham Association, Inc. v. Rock. The decision may impact collections in older condominiums, and is a “published” decision. That means the decision is controlling legal authority and can be cited in other cases. In this case, an older condominium association (meaning the association was not fully subject to … Continue reading
Significant Flood Insurance Changes On the Way
If you or your association are required (or wish) to have flood insurance, big changes are coming. For years, the National Flood Insurance Program (NFIP) has looked at ways to better charge specific properties for their specific risks. At present, flood insurance rates are mostly based on a property’s location and elevation. That may not be the case much longer. On April 1, the Federal Emergency Management Agency (FEMA) announced its first major flood insurance pricing updates in half a century. During 2021-2022 the Agency will begin basing premiums on a property’s value, risk of flooding, and other factors. The … Continue reading
Update on Emergency Authorization of Remote Notarizations
The saga continues in this third entry of the three-part series (so far) on North Carolina’s authorization of emergency video notarizations during the pandemic. As of March 12, 2021, Governor Roy Cooper signed House Bill 196 into law, which allows video notarization to continue through December 31, 2021. The Bill acts to amend the previous authorization which expired on March 1, 2021, and appears to have retroactive effect to save any brave soul who continued remote notarizations after the Bill’s expiration date. At this time, there is still no indication that permanent authorization of remote notarizations is in the works … Continue reading
Remote Notarizations to Sunset on March 1
As the sunset date approaches for remote notarizations under the temporary emergency authorization, it is now apparent that the legislature will not agree on a bill authorizing a further extension before the expiration. Therefore, we will revert to the notarial requirement of “close physical proximity” on March 1, 2021 at 12:01 a.m. Folks in the know believe that there is legislative support for either an extension of the emergency statute or its permanent authorization and codification. However, other non-related budget aspects of the bill are causing a delay (insert your cynical political comment here). Additionally, it is speculated that when … Continue reading
Order Extend Protections for Tenants; Reaffirms Requirements for Landlords
In late December 2020, both President Trump and North Carolina Governor Cooper extended existing Orders providing protections to individuals at risk of eviction through January 31, 2021. As a result, eviction of some residential tenants for nonpayment of rent may continue to be halted during this time period. However, protection from eviction is not automatic and relates only to situations involving nonpayment of rent. In order to receive relief from eviction, a tenant at risk for eviction for failure to pay rent must submit a Declaration under penalty of perjury that the tenant meets certain requirements. The Declaration must state … Continue reading
Coronavirus (COVID-19) HOA & Condo Blog Articles
Since February of this year, we have posted a number of articles on how community associations should respond to the coronavirus crisis as well as changes in HOA/condo practices that may need to be considered. For ease of finding, these articles are linked below: The Coronavirus, Flu, and HOA/Condo Association Meetings – 2/26/20 Coronavirus: What Should Homeowner and Condominium Associations Do? – 3/1/2020 “Let’s Have Our Meeting or Convention Online!” – 3/14/2020 How to Hold Your North Carolina HOA/Condo Hearing in a Pandemic – 3/24/2020 Should My Community Close Its Common Areas Due to COVID-19? – 3/25/2020 What to Do … Continue reading
Executive Order Imposes New Requirements for Landlords
Governor Cooper signed Executive Order No. 171, which relates directly to residential evictions in North Carolina and attempts to provide some clarity of the CDC Agency Order issued earlier this fall. This Executive Order is effective October 30, 2020 at 5p.m. through December 31, 2020. The CDC Agency Order provides for protection from eviction for nonpayment of rent for certain residential tenants. In order to receive protection, the tenant must submit a Declaration under penalty of perjury that the tenant meets certain requirements. See CDC Moratorium on Evictions for a previous blog post containing more information about the CDC Agency … Continue reading
Justice Beasley Extends Emergency Directive 18 Relating to Evictions in North Carolina
Eviction actions commenced for nonpayment of rent or other fees or charges are subject to Emergency Directive 18, which was extended on September 15, 2020 for an additional thirty (30) days. Under this Emergency Directive, no writ of possession for real property shall be issued in summary ejectment actions commenced on or after March 27, 2020, unless the magistrate or judge concludes that either: (1) the property is not a “covered dwelling” as defined by Section 4024(a)(1) of the CARES Act or (2) the property is a “covered dwelling” and the tenant had 30 days of notice to vacate as … Continue reading
Flags and Political Signs in North Carolina HOAs
With the nation preparing for elections in November, community associations are finding themselves in the crosshairs of a debate over when and how free speech may be exercised by residents in their communities. Impassioned residents want to express their opinions through signs, flags, bumper stickers, t-shirts and even sidewalk chalk decorations, and they may run up against restrictions in their governing documents or local ordinances. After fielding countless questions about this, I put together this blog to provide some general guidance for residents, boards and their members on this issue with a focus on politically focused signs and flags. Let’s … Continue reading
Rezoning Your Property and Other Land Use Changes: Things to Consider
We often believe that as the owners of property that we can use our land however we desire. As we understand in the HOA and condominium world; that is not the case when there are restrictive covenants and declarations filed that regulate the use of an owner’s property. But what if you do not own property that is subject to these types of restrictions? Can you then use your land however you see fit? The answer to those questions is most likely, no. Local municipalities have land use ordinances and regulations in place that dictate a designated “use” that is … Continue reading
CDC Moratorium on Evictions
President Trump has issued a directive authorizing the CDC to stop the eviction of some renters effective immediately through the end of 2020, citing public health threats during the pandemic. Under the CDC Agency Order, a landlord “shall not evict any covered person from any residential property in any jurisdiction to which this Order applies during the effective period of the Order.” In order to qualify as a “covered person”, the tenant, lessee or resident of a residential property must provide a declaration under penalty of perjury to their landlord, the owner of the residential property, or other person with … Continue reading
New Firm Name & Partners
New Firm Name The law firm of Black, Slaughter & Black, PA will now be doing business as Law Firm Carolinas. The firm, which practices in North and South Carolina, has four offices: Greensboro, Charlotte, Triangle (Garner) and Coastal (Wilmington). New Partners In addition, three attorneys have been named partners in the firm: Jennifer Ruby, who does general civil litigation, business litigation and appeals. Ruby is a graduate of the University of North Carolina at Chapel Hill (2006) and Elon University School of Law (2010) and is based in the Greensboro office. Michael Taliercio, who manages the firm’s HOA/condo assessment … Continue reading
Title Fraud or Deed Theft and Preventative Measures
Recently our office has received inquiries regarding advertisements from companies offering services to protect against home title fraud, also frequently called deed theft. Many do not know what title fraud is, or whether they need to pay a service to guard against it. The concept of title fraud generally involves recording forged or altered documents in a county’s registry that purport to transfer ownership of real estate from one party to another. Once a county’s records have been updated to show the fraudster or their affiliated entity as the property’s owner, the criminal may attempt to sell the property or … Continue reading
Emergency Video Notarization in North Carolina in the Real Estate Transaction Context during the COVID-19 Crisis
On May 4, 2020, the North Carolina Governor signed into law Senate Bill 704. The Law was drafted specifically to respond to hardships created by the Coronavirus Disease 2019 (COVID-19) Crisis. One of the key provisions of the Law, in consultation with and at the recommendation of the North Carolina Secretary of State, authorizes all Notaries Public of the State of North Carolina to, “temporarily perform emergency video notarizations so that notarial acts will not impede crucial business transactions, real estate transactions, medical documents, court documents, and most other important document notarizations.” This emergency authorization is a temporary authorization, as … Continue reading
Emergency Video Notarization: What Real Estate Agents Need to Know
This past Monday, May 4, 2020, Governor Cooper signed Senate Bill 704, enacted as Session Law 2020-3, which is designed to aid North Carolinians in response to the Coronavirus disease. Of particular interest to Real Estate Agents is the portion of the bill found in Part IV entitled “Emergency Video Notarization.” Currently, when a real estate document requires notarization, that means the homebuyer must be “physically present” in front of the notary in order for the notarization to take place. Here at Law Firm Carolinaswe are experienced with our attorneys utilizing a variety of methods to close transactions, including video … Continue reading
CARES Act Imposes 120 Day Moratorium on Some Residential Evictions
The Federal CARES Act that was signed into law on March 27, 2020 includes a 120-day moratorium on evictions of tenants in federally financed housing based solely on nonpayment of rent or other fees or charges. The CARES Act further prohibits a lessor/landlord of a covered property from charging any tenant fees, penalties or other charges for nonpayment of rent during this time. During the moratorium period, the landlord of a covered property also cannot “require a tenant to vacate a dwelling unit before the date that is 30 days after the date on which the lessor provides the tenant … Continue reading