Community Associations in 2025: Bigger, Busier, and Still Strongly Supported

As we wrap up 2025, it’s clear that community associations continue to play a major role in how Americans live. It is also true that not every association gets everything right. There can be disagreements over rules, budgets, and decisions, and some communities face serious challenges. Even so, the most recent statistics nationally and in North Carolina show that the association model remains very popular. Most owners who live in homeowner or condominium associations say they see real value in the system and believe their communities help protect their homes and home values. I recently saw the latest data on … Continue reading

The Complexities of an Insolvent Estate

Ironically, insolvent estates are often more time-consuming, nuanced, and complex than solvent estates. This increased complexity stems from two primary factors. First, the procedural intricacies involved in providing notice to creditors under Article 14 of Chapter 28A and navigating the rules for presentation and payment of claims under Article 19 of Chapter 28A are nuanced. Additionally, the legal framework surrounding which assets are readily available to the personal representative, which assets require court intervention to access, and which are entirely exempt from claims is complex. Understanding Estate Insolvency Typically, insolvency refers to a situation where liabilities exceed assets or cash … Continue reading

Adam Marshall Elected to Greensboro City Council

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!

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

How Homeowners Associations Can Regulate Satellite Dish and Antenna Placement Despite OTARD

Homeowners’ associations (HOAs) are established to maintain the aesthetic value and overall harmony of residential communities by setting rules, often outlined in covenants, conditions, and restrictions (CC&Rs). One area where these regulations often intersect with federal law is the installation of satellite dishes and antennas. In 1996, the Federal Communications Commission (FCC) enacted the Over-the-Air Reception Devices (OTARD) rule to protect homeowners’ right to install these devices, ensuring they can access communication services like satellite television and radio. However, while OTARD protects the right to install these devices, it also allows HOAs to impose certain limitations to maintain the appearance … 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!

Understanding North Carolina’s Law on Landscaping Irrigation During Droughts

In North Carolina, homeowner and condominium associations often have rules requiring owners to maintain attractive landscaping, which may include watering lawns, trees, or shrubbery. But what happens when the state is facing a severe drought and water restrictions are imposed? As temperatures are getting warmer in North Carolina, this is always a possibility. North Carolina General Statutes § 47F/C-3-122, offers guidance and important limitations for both associations and homeowners during periods of drought. Here’s what community associations need to know: Key Takeaway: Irrigation Requirements Cannot Override Drought Restrictions These statutes were designed to prevent associations from enforcing irrigation requirements during … Continue reading

NC Community Association Legislative Update – June 12, 2025

There’s a well-known quote that says, “Laws are like sausages. It’s better not to see them being made.” It’s credited to Otto von Bismarck and means that the legislative process can be messy and confusing. That idea came to life this week in the North Carolina Senate. As a reminder, Senate Bill 378 (“HOA Revisions”) was passed by the NC Senate in May. It is now being looked at by the North Carolina House. The bill includes too many provisions to list here and would be the most radical change to the NC Planned Community Act and NC Condominium Act … Continue reading

NC Community Association Legislative Update – May 7, 2025

SB 378 Passes Senate Senate Bill 378 (“HOA Revisions”) passed its third reading in the North Carolina Senate today. However, this does not mean its provisions are now law. For any bill to become law, it must be approved by both the Senate and the House in identical form. SB 378 now moves to the North Carolina House for further consideration. Here’s a summary of key provisions: The full bill can be found at Senate Bill 378.

“It Smells Like Weed in Here,” But Does It Really?         

This post focuses on the current legal landscape in North Carolina regarding how law enforcement treats legal hemp versus marijuana during traffic stops. However, please note that this post is not intended to provide specific legal advice for any individual or situation. If you should require any individual follow-up or clarity, then please consider scheduling a consultation for a more in-depth and individualized analysis. Most of us are indeed familiar with this scenario—either through personal experience or crime TV shows: A police officer pulls over a driver for “speeding,” asks for the driver’s license and registration, and performs a records-check, … Continue reading

US Supreme Court Rules on Corporate Transparency Act Injunction

In the ongoing ping-pong game that is the Corporate Transparency Act, today (January 23) the US Supreme Court has allowed the government to enforce the CTA, which requires businesses to disclose their beneficial ownership information. This decision lifts the prior injunction and permits the law’s implementation while its constitutionality is reviewed by the Fifth Circuit. Arguments are scheduled to be heard on March 25. Justice Neil Gorsuch supported immediate action to clarify universal injunctive relief, while Justice Ketanji Brown Jackson dissented, arguing the government failed to demonstrate urgency. To read the case, visit Supreme Court opinions. Based on recent history, we anticipate that FinCEN will soon … Continue reading

Opportunity for North and South Carolina Licensed Attorney

Are you an attorney licensed in North Carolina and South Carolina, or eligible for licensure in both states using a recent UBE score? Are you looking for a friendly and collaborative work environment with a culture that supports a balanced professional life? If so, Law Firm Carolinas (www.lawfirmcarolinas.com) is seeking an attorney with 0 to 3 years of experience to join our offices in Raleigh, Greensboro, or Charlotte. This position involves working with homeowner and condominium association clients on a variety of matters, including: Qualifications: Why Join Us?This is an excellent opportunity for motivated individuals who are eager to produce … Continue reading

FinCEN Issues Key Guidance on Corporate Transparency Act Filings

Last week, we shared an update (Corporate Transparency Act Blocked Nationwide by Texas Federal Court) on Judge Mazzant of the U.S. District Court for the Eastern District of Texas issuing a preliminary nationwide injunction against the Corporate Transparency Act (CTA), effectively halting its enforcement nationwide. Naturally, this decision has raised many questions, including, “What does this mean for our community?” In response, the Financial Crimes Enforcement Network (FinCEN), which oversees Beneficial Ownership Information (BOI) reporting, has issued a formal statement addressing the matter. While the statement is available on the FinCEN website at https://fincen.gov/boi, it may be challenging to locate. … Continue reading

Are You Considering Law School? A Lawyer’s Perspective after 25 Years of Practice

As someone who has been a lawyer for 25 years I can tell you that law school can be one of the best decisions you make because of the wide variety of opportunities it can create for you. If you have looked into law school and are on the fence, I would suggest you go for it. The skills you’ll acquire like critical thinking, problem-solving, and the ability to communicate effectively will serve you well in any career. A law degree opens doors to more than just traditional legal practice. Many lawyers transition into business roles and become executives, entrepreneurs, … Continue reading

Carole Albright Recognized as Leader in the Law

Carole Albright, Managing Partner of Law Firm Carolinas, has been recognized by NC Lawyers Weekly as a 2024 Leaders in the Law Honoree. The award recognizes legal professionals who have gone above and beyond in their profession through contributions to the practice of law as well as service to the broader community. Carole is a Board Certified Specialist in Family Law as well as a Certified Parenting Counselor and is past Chair of the Family Law Section of the Greensboro Bar Association. She co-chaired and helped organize and lead the Course Planning Committee of the NC Family Law Specialists for … Continue reading

Like to Use Emojis With Your Professional Contacts? Enjoy Your Lawsuit.

The use of emojis has become a daily form of communication without getting into a long telephone or text conversation.  It conveys, or attempts to convey, information to an intended recipient certain actions, feelings, thoughts or intended actions of the sender towards someone or something.  It can apply in private conversations or in mass communications such as social media platforms. What happens when the recipient of an emoji takes the meaning to be vastly different than the intention of the sender?  The ramifications of such a miscommunication can result in costly lawsuits and thousands of dollars in attorney’s fees as … Continue reading

Federal Gift and Estate Tax Planning- Part 7 of 7: Advanced Planning with Charitable Trusts

Using a Charitable Remainder Interest Annuity or Unitrust (CRATs/CRUTs) and Charitable Lead Trusts (CLTs) Charitable Remainder Interest Annuity and Unitrust as well as Charitable Lead Trusts are vehicles for the charitably inclined that can provide significant income and estate tax benefits. Both charitable remainder trusts and charitable lead trusts are split interest trust where an annuity interest and a remainder interest are split among the grantor of the trust or other non-charitable beneficiaries and a qualified charity.  CRATs and CRUTs Charitable Remainder Interest Annuity Trusts (CRATs) and Charitable Remainder Interest Unitrust (CRUTs) are the two types of charitable remainder trusts. … Continue reading

Adoption Is Great . . . Except for Some

Adoption, for most people, is a time of celebration.  A time to welcome a child into their home and a time to expand their family.  It is a wonderful avenue to establish and solidify rights to a child outside of a child custody proceeding.  But what happens if a biological father, who would have wanted the child, did not know of a child’s existence prior to an adoption proceeding?  The answer is, as it is in most cases, it depends. North Carolina adoption statutes set out the mechanism regarding how adoptions take place, who can adopt, and most importantly, whose … Continue reading

5 Law Firm Carolinas Attorneys Recognized in The Best Lawyers in America

Five attorneys at Law Firm Carolinas have been named to the 2024 Edition of The Best Lawyers in America. Carole Albright, who is a Board Certified Specialist in Family Law, has been recognized in the practice of Family Law. Keith Black, who is a Board Certified Specialist in Family Law, has been recognized in the practices of Family Law and Family Law Mediation. Steven Black, who is a Board Certified Specialist in Residential Real Estate, has been recognized in the practice of Real Estate Law and Community Association (HOA and condo) Law. Jim Slaughter has been recognized in the practices … Continue reading