The Board of Adjustment is a group of members that are appointed by a local government, such as a City or Town, pursuant to NCGS 160D-302, to “hear and decide all matters upon which it is required to pass under any statute or development regulation adopted under this Chapter.” So what in the world does that mean? Typically a Board of Adjustment hears appeals, variance requests, or requests for special use permits as required under state statute and any local development ordinance. The Board is appropriately named as, when you think about it, they can adjust from the strict application … Continue reading
Completely Updated Parliamentary Procedure Website with Resources
For almost thirty years, my parliamentary procedure website has had more articles and resources on meeting procedure and Robert’s Rules of Order than most anywhere else online. In part due to the new Robert’s Rules of Order (released 2020), the site has been completely revamped and updated, with all references now to Robert’s Rules of Order Newly Revised (12th Edition). The updated website includes: The updated site can still be found at www.jimslaughter.com. Check it out! Jim Slaughter is an attorney, Certified Professional Parliamentarian, Professional Registered Parliamentarian, and past President of the American College of Parliamentary Lawyers. He is author … Continue reading
Thoughts on Bylaws: Individual Amendments, Bylaws Revisions, and Best Practices on Amending Bylaws
Note: This article focuses on the procedural and structural aspects of amending or revising bylaws. For a discussion of legal compliance and broader strategic considerations, see our related article, Considerations When Amending or Revising Association Bylaws. There are usually three primary governing documents in most nonprofit corporations: the Articles of Incorporation, the Bylaws, and Board Policies. The Articles of Incorporation (sometimes called the corporate charter) are filed with the state and generally contain statutory requirements such as the organization’s name, principal office, registered agent, and purpose. That said, older Articles sometimes include additional provisions, including governance matters such as Board … Continue reading
South Carolina Launches New SC Homeowner Rescue Program (SC HRP)
As my colleague, Jim Slaughter, reported last month, the new federal Homeowner Assistance Fund established a program with nearly $10 billion for states to provide relief to those suffering from the effects of the COVID-19 pandemic. For South Carolina homeowners who have become delinquent in their HOA or condo assessments during the pandemic, this program may offer assistance. In general terms, the SC Homeowner Rescue Program (SC HRP) accepts applications from South Carolina homeowners who were impacted by the pandemic and need assistance with housing-related expenses. Funds may be available on a first-come, first-served basis. There are income requirements, as well as … Continue reading
Maintaining Confidentiality on your Board (or in your Committee)
Individuals who agree to serve on boards for their community associations will inevitably find themselves receiving confidential information about their friends and neighbors. This may be information about an alleged architectural violation, or an unpaid balance due to the association. Sometimes the association will receive complaints about police called to a home, only to learn later of alleged drug activity or a domestic violence situation. This may seem like juicy gossip, and it can be tempting to share this information with others. However, directors owe certain duties of confidentiality to their members, and understanding these duties is essential for the … Continue reading
Finding the Right HOA/Condo Lawyer
Given our firm’s large practice in the Carolinas and our many online resources, I’m asked weekly by individuals in others states about how to find the right community association lawyer for an HOA/condo issue. Community association law is a very focused practice area. There are a number of online directories and Bar lists that can direct you to attorneys who focus on homeowner and condominium associations. However, if you want to find an attorney with a significant HOA/condo practice who has been recognized for exceptional work, I’d recommend starting with the Fellows in CAI’s College of Community Association Lawyers (CCAL). … Continue reading
What Is a President-Elect & Pros-Cons
Because bylaws sometimes have a position called “President-Elect,” I am occasionally asked about the precise responsibilities of the office. A question back has to be “What responsibilities do the specific bylaws provide for the office?” That’s because there is no standard list of duties for a President-Elect in Robert’s Rules of Order Newly Revised, as there are for other officers. So different presidents-elect in different organizations may have different responsibilities based on the bylaws language creating the position. For organizations that follow Robert’s, a President-Elect position exists only if expressly provided for in the bylaws. The sole function of the … Continue reading
Proposed Short Term Rental Ordinance in Greensboro: The City Wants Your Input!
The City of Greensboro has met with various stakeholders in the community over the last several months to develop a City wide ordinance to address and create rules for short term rentals. There is no current definition for short term rentals in Greensboro, which means that they are currently regulated under the ordinance covering Tourist Homes (i.e. Bed and Breakfasts). Some of the highlights of the proposed ordinance would be: Short term rentals would be allowed only in residential dwellings. There would have to be a zoning permit for this type of rental. The number of persons allowed in the … Continue reading
A Revolt! Tips to Prevent Owner Insurrections!
The terms “coup” and “insurrection” are making their way into everyday conversation as of late. We hear about it on the news, but what happens when your community association experiences a similar situation? Meaning, what happens when your HOA or condominium board of directors is the target of an overthrow by the members of the association? It seems to be happening more frequently and is something our firm has encountered on several occasions in the last year or so. Maybe there is something in the water! Being a board member can be a thankless job, and it often seems like owners … Continue reading
What Does The Champlain Tower Collapse Mean For NC / SC Condos?
With the collapse of the Champlain Tower South (a part of a condominium located in Surfside, Florida) in June of last year, there has been a search for answers. Condominium owners want to know whether their building is safe, and boards of directors want to make sure they are taking appropriate steps to prevent another disaster similar to the one in Florida. Although the ultimate reasons for the collapse may not be known for years, it is likely that some problems that may have contributed to the collapse are not unique. The Community Associations Institute (CAI) has published recommendations relevant to … Continue reading
Do You or Owners Need Assistance Paying HOA/Condo Dues? – The NC Homeowner Assistance Fund May Help
Last year President Biden proposed and Congress adopted the American Rescue Plan, which was a $1.9 trillion coronavirus rescue package designed to speed America’s recovery from the Covid pandemic. Among the bill’s many proposals was almost $10 billion for states, territories and tribes to provide relief to vulnerable homeowners through a “Homeowner Assistance Fund.” Monies from the Homeowners Assistance Fund were not immediately available. Instead, each state had to draft a state-specific plan, submit it to the US government, and get the plan approved by the US Treasury. In each state, different sorts of relief were considered, such as mortgage … Continue reading
Robert’s Rules of Order vs The Standard Code of Parliamentary Procedure vs the AIP Standard Code of Parliamentary Procedure
A question came up during a recent online discussion of pros and cons between Robert’s Rules of Order and The Standard Code of Parliamentary Procedure. One comment asked if Robert’s was “archaic and obsolete.” Here’s my answer. There are several major parliamentary manuals, with Robert’s Rules of Order being the best known. Robert’s Rules and parliamentary procedure are viewed as one and the same by most of the public. Of organizations that have a parliamentary authority in their governing documents, Robert’s is by far the most common choice (some surveys suggest 80%-90%) . State statutes that prescribe a parliamentary authority for some types of … Continue reading
New Appellate Case: Almason v. Southgate on Fairview Condominium Association
In a decision issued today (February 1, 2022), the North Carolina Court of Appeals examined several issues that associations deal with regularly—budget ratification, owner attendance at board meetings, rules governing board meetings, and association records requests. Nothing in the decision is groundbreaking, but the findings of the court may provide comfort that your association practices are proper (or may suggest you need to make some changes). Almason v. Southgate on Fairview Condominium Association, Inc. et al. is an “unpublished opinion,” which means the decision is not controlling legal authority and should not be cited in other cases. However, even unpublished … Continue reading
Voting by Written Ballot and Written Agreement in North Carolina
When it comes to asking homeowners association / condo members to approve or reject matters in North Carolina, there are generally two options: the written ballot and the written agreement. These documents and legally dictated processes may look very similar, but they are legally distinct. This article examines how and when using the written ballot versus a written agreement makes sense and how to use each effectively. Written Ballot When you think about being asked to vote on something, most people probably first think of a ballot. Ballots, by definition, allow someone to vote for or against something. For in-person meetings, ballots … Continue reading
Community Association Records Requests – Who Can Get What, When and Why
Member records requests is a frequent topic of consultation with boards and managers. The law in North Carolina is somewhat nuanced when it comes to what constitutes a record of the association, and who is entitled to review that record and under what circumstances. Here, we look at North Carolina law generally related to records requests and how a community should evaluate and respond to a request for records. In this state, homeowner, property owner and condominium members have certain document inspection rights under the Nonprofit Corporation Act, Chapter 55A of the North Carolina General Statutes, and the Planned Community … Continue reading
Estate Planning for Young Parents
Estate planning is not a topic on the mind of many vibrant 20 or 30 somethings often still in the process of building an estate for which to plan. However, this can change quickly for young couples welcoming their first child into the world. As an attorney in my 30s, I often admit to clients that I neglected my own estate planning until the birth of my daughter. When you first bear the responsibility of becoming a caregiver of a truly dependent and initially helpless human being, it can quite significantly change your perspective. Even in cases where young parents … Continue reading
Last Will and Testament versus a Living Trust
Piggybacking off my last blog, many estate planning clients may find themselves considering the question of whether a Last Will and Testament is sufficient for their estate planning goals or whether they also need a living trust. First, it is necessary to state that a living trust is an addition to an estate plan and not in lieu of a Last Will and Testament. If one decides a living trust is needed for their estate planning, a pour-over Last Will and Testament is also part of the mix. A pour-over Will distributes all property which may end up passing through … Continue reading
Avoiding (or Enforcing) a Postnuptial Agreement
Did you sign a postnuptial or postmarital agreement at some point during your marriage and do not believe the terms are fair? Are you and your spouse getting separated or divorced and you want to understand the effects of a postnuptial agreement? Although post marital agreements are difficult to set aside, there are ways to attack them in family court if you were pressured to sign, or the terms are wholly unfair, or you waived certain marital rights. Similarly if your spouse is refusing to comply with a postnuptial agreement that you believe is fair, there are ways to enforce … Continue reading
The Three Essential Estate Planning Documents
Many times, when I meet with estate planning clients for the first time, they ask that I tell them what they “need.” While I often preach the mantra that estate planning should not be “cookie cutter” and is not a one-size-fits-all approach, it is fair to say that there are three (sometimes four) essential estate planning documents that everyone needs at least by the time they approach retirement age. While the contents can vary between clients, the need for the documents applies to everyone. In this blog, I highlight these three documents. Durable General/Financial Power-of-Attorney The North Carolina Uniform Power … Continue reading
Nomination Procedures for Elections
If you are administering an election for your group or association, then you may have questions about how the nomination process works. Do you need to use an election committee? What are nominations from the floor? What about other methods of doing nominations? Fortunately, it’s not as difficult as it may seem. There are six different methods: (1) nominations by the chair, (2) nominations from the floor, (3) nominations by a committee, (4) nominations by ballot, (5) nominations by mail, and (6) nominations by petition. Nominations by the Chair is when the Chair selects candidate(s) for a position. Typically, this method is not … Continue reading