In a recent South Carolina Supreme Court decision, the Court struck a mandatory arbitration clause from purchaser contracts with a home builder because the terms were considered to be unconscionable. In Damico v. Lennar Carolinas, a group of home buyers in the Spring Grove Plantation community sued Lennar Carolinas for construction defect claims. As one of its primary defenses, Lennar Carolinas pointed to the arbitration clause included in the contracts that each homeowner had signed. These clauses required cases to be arbitrated and waived other protections normally available to a home buyer, such as trial by jury. The Court determined … Continue reading
What are Accessory Dwelling Units, and How Do They Affect Planned Communities?
The housing market is continuously in flux. New housing products, designs, and concepts are constantly entering neighborhoods and forcing Americans to rethink what community living means and looks like. Accessory Dwelling Units (“ADU”) are nothing new. The concept has been around for some time. Think the mother-in-law suite built behind the principal structure or potentially an efficiency apartment built above a detached garage. In Greensboro, NC, for example, ADUs are permitted in all residential zoning districts so long as they meet certain additional planning standards: Accessory Dwelling Units Unless otherwise expressly stated, all accessory dwelling units must meet the requirements that apply to principal … Continue reading
Is There a Difference between The Standard Code of Parliamentary Procedure (“Sturgis”) and AIP’s Standard Code of Parliamentary Procedure?
I recently posted that as a result of the new 12th Edition of Robert’s Rules, there are updated “cheat sheets” to the motions most often seen in meetings. On the Charts & Handouts Page of our firm’s parliamentary website are parliamentary motions guides to the most common parliamentary authorities, including Robert’s Rules of Order Newly Revised (12th Edition), The Standard Code of Parliamentary Procedure, Fourth Edition (“Sturgis”), and the American Institute of Parliamentarian’s Standard Code of Parliamentary Procedure. (Different types of organizations tend to use different parliamentary authorities.) That led someone to ask, “Is there a difference between The Standard Code of Parliamentary … Continue reading
Law Firm Carolinas Named to Fast 50 List
Law Firm Carolinas has been named by the Triad Business Journal to its “Fast 50 List,” which consists of the 50 fastest growing businesses in the Triad. It is the firm’s third recognition on the Fast 50 list. Managing Partner Carole Albright points to several examples of the firm’s growth over the past three years, including the purchase of a larger Charlotte office, renovations in the Greensboro office, and the opening of several new offices, for six total—Greensboro, Charlotte, Raleigh, Wilmington, Columbia (SC), and Greenville (SC). Partner Jon Raymer accepted the firm’s Fast 50 recognition at the Business Journal’s recognition … Continue reading
Robert’s Rules of Order & Sturgis Motions “Cheat Sheets”
This year saw the publication of my two new books on proper meeting procedure, Robert’s Rules of Order Fast Track and Notes and Comments on Robert’s Rules, Fifth Edition. With the publication of these books (based on the new 12th Edition of Robert’s), I’ve been asked if there are updated “cheat sheets” to the motions most often seen in meetings. The answer is “yes.” Parliamentary motions guides to the most used parliamentary authorities, including Robert’s Rules of Order Newly Revised (12th Edition), The Standard Code of Parliamentary Procedure, Fourth Edition (“Sturgis”), and AIP’s Standard Code of Parliamentary Procedure, can all … Continue reading
Notes and Comments on Robert’s Rules, Fifth Edition NOW AVAILABLE!
This summer I let you know about the release of Robert’s Rules of Order Fast Track, a quick go-to guide that provides details on the most used motions, appropriate informal procedures for association boards, and general advice for shortening meetings. Pleased to say it was the #1 new release in its category on Amazon, as small a category as that might be. As a follow-up, the new Fifth Edition of Notes and Comments on Robert’s Rules is now available! Regardless of your level of parliamentary experience, you’ll learn something new from Notes and Comments on Robert’s Rules, Fifth Edition. The book complements Robert’s Rules of … Continue reading
ABA Journal Podcast on Meetings & Robert’s Rules
If you like podcasts, the American Bar Association Journal interviewed me this month for its ABA Journal Modern Law Library on “Sick of Meetings That Go Off the Rails? Robert’s Rules of Order Can Help.” The discussion covered everything from the importance of proper meeting procedure, board versus member meeting procedure, myths about meetings, minutes, parliamentarians, parliamentary organizations, and more. Depending on your preferred podcast platform, the episode can be found at: Apple PodcastsSpotifyStitcherOvercast Here’s the Modern Law Library website for the episode:
Set Assessments at Appropriate Levels Because A Special Assessment May Not be Available to Save the Day!
Nobody likes to pay taxes, or in the community association world, high assessments. However, Boards need to make sure that they are setting assessments at an appropriate level to account for anticipated and potentially unanticipated needs and obligations of the community. Board members have a fiduciary duty to the Association which can include making sure that they are doing what they can to assure that the Association is properly funded. Boards should do their best not to fall into the trap that can often be set by developers who may have set assessments at a lower amount in an effort … Continue reading
Estate Planning for Couples 101: Conflicts, the Power of the Survivor, Contractual Wills and Joint Versus Separate Trusts
For estate planning attorneys, the initial consultation with spouses can have some awkward moments to say the least. Unlike with unmarried individuals, there is typically no diving directly into the minutia. First, the attorney must recite a rather robotic disclaimer that, while one attorney representing both spouses with respect to their estate planning is rather common, it is indeed a conflict of interest from a professional responsibility perspective. The attorney may go on to say that each spouse has the right to obtain separate counsel, and that such action is advisable, but offer to proceed with representing both spouses if … Continue reading
NC Bar Association Interview with Jim Slaughter
The NC Bar Association recently interviewed partner Jim Slaughter about association meetings, parliamentary procedure, Robert’s Rules of Order, and his two new books on meeting procedure. The article can be found in this month’s North Carolina Lawyer Magazine here:Parliamentary Procedure, Robert’s Rules, and Jim Slaughter: Award-Winning Author Discusses Two New Books and More. Jim is an attorney, Certified Professional Parliamentarian-Teacher, Professional Registered Parliamentarian,, and past President of the American College of Parliamentary Lawyers. He has written four books on meeting procedure, including Robert’s Rules of Order Fast Track and Notes and Comments on Robert’s Rules, Fourth Edition (with a new Fifth … Continue reading
Fraud Alert: New Burglary Scheme Targets Owners by Posing as HOA-Sanctioned Contractors
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
Update on Fifth Edition of Notes and Comments on Robert’s Rules
Several readers on Amazon have sent me a message to the effect of, “I have your Robert’s Rules Of Order Fast Track, but can’t seem to find Notes and Comments on Robert’s Rules, Fifth Edition, only the Fourth Edition for the last Robert’s. Where can I find the Fifth Edition?” First off, thanks for reading and for looking for the book! That’s gratifying to me as an author. Hope the books have been helpful. (As an aside, if you found the Fast Track guide helpful, please consider commenting or posting a review here, as that is how people find out … Continue reading
Why Is My Main Motion Not in Order?
While there are numerous reasons why any motion may not be in order, I will attempt to give some guidance on why your main motion would not be in order at a meeting. Main motions are the most common motions, and are how business is done at meetings. You are likely very familiar with these motion, though you probably do not refer to these motions as “main motion.” Motions to have the organization take some action are main motions. For example, common main motions are “I move to adopt the budget,” “I move to adopt resolution 1,” “I move to … Continue reading
Adam Marshall Named Partner at Law Firm Carolinas
Attorney Adam Marshal has been named a partner at Law Firm Carolinas, which has six offices throughout North and South Carolina. His practice includes community association (HOA and condo) law as well as land use, zoning and planning issues before the Board of Adjustment and Zoning Commission.
Update—Delinquent Homeowners May Have Access to Funds to Pay HOA and Condo Liens
As I wrote a few months ago, South Carolina homeowners have access to federal funds that have been allocated to assist homeowners in financial distress as a result of the COVID-19 pandemic. It has now been confirmed that the program will include paying debts associated with HOA or condominium assessments, late fees, interest, liens, and foreclosure-related costs. As anticipated, the State of South Carolina has been awarded $144,650,807.00 by the U.S. Department of Treasury’s Homeowner Assistance Fund (HAF), which was established under Section 3206 of the American Rescue Plan Act of 2021. What does that mean for an HOA … Continue reading
Should Meeting Minutes Include Names of Members in Attendance?
A question came up during a recent online discussion about whether the names of members attending a board meeting should be listed in the minutes, and perhaps even show what time the member arrived. Here’s not one, not two, but THREE answers! First, the good news is there’s no wrong answer. At the end of the day, the minutes are what the specific body within your organization decides by majority vote it wishes to have in its minutes. Different organizations have different style minutes. Second, if you follow (or try to follow) Robert’s Rules of Order there is no answer, … Continue reading
New Appellate Decision Related to Application of Insurance Proceeds in Older Condominiums
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
Remote Online Notarization Coming (Again)!
With the passage of NC House Bill 776, North Carolina joins 37 other states in adopting rigorous RON (Remote Online Notarization) policies. This brings the end to end security measures and accurate closing procedures that lenders and other industry stakeholders demand, while offering the convenience and safety customers desire. The process revolves around the software platform, one of the most common being Pavaso. This swiss-army knife solution combines the teleconferencing abilities of Zoom with document management and signing capabilities of Docusign and adds encryption and recordkeeping and identification verification. This special suite of tools works together to solve the hardest … Continue reading
CARFAX for Condos
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
An Ode to the Surviving Spouse
Losing any loved one is difficult, but losing a spouse adds another dimension of not only grief, but anxiety, fear and confusion about the future. A marriage is a team effort – duties are delegated with respect to finances, home maintenance, social graces, and the many other elements of domestic life. And so, when one spouse dies, in addition to the grief felt, the survivor is often overwhelmed by taking on new duties which were delegated to their partner prior to their death. There are, of course, many family dynamics and there can be many variations and complexities, but in … Continue reading