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 is an “unpublished opinion,” which means the decision is not controlling legal authority and should not be cited in other cases. However, even unpublished … Continue reading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
There Is No “Meeting by Ballot” Under New NC Law
Our firm’s attorneys have seen several recent association mailings entitled something to the effect of “Meeting by Ballot” or “Annual Meeting by Ballot.” It appears there is a belief among some that the recent adoption of House Bill 320 (“Modernize Remote Business Access”) created a new method of members meeting through a written instrument. It did not. As discussed in the recent post Does New Law Mean Associations Don’t Have to Hold Annual Meetings?, North Carolina has two main methods for association members to make decisions: Given these two options, it is also possible to combine a virtual meeting (with … Continue reading
How to Run an Effective Online Meeting
With the passage of HB 320 (see Jim Slaughter’s article: Bill Adopted to Allow Electronic Membership Meetings and Voting in North Carolina Associations) we are seeing more communities opting to conduct electronic membership meetings to encourage greater participation and community interest in these meetings. Our attorneys collectively—and particularly our Certified Professional Parliamentarian, Jim Slaughter—have participated in more virtual meetings than anyone, and we find that having good meeting rules in place before the meeting takes place is key to a successful outcome. Although it usually is not necessary to tailor rules for each individual meeting an association has, the issues … Continue reading
The Strange Case of Real Estate and Probate
One of the biggest talking points in estate planning and estate administration conferences is what assets do and do not pass via probate. To answer the basic question of what probate is, which is a topic in and of itself, probate is the court-supervised procedure by which assets pass from a decedent to devisee in the case of testate decedents (those who die with a Will) or from decedent to intestate heirs in the case of intestate decedents (those who die without a Will). The probate procedure in North Carolina, also sometimes referred to as estate administration, is outlined in … Continue reading
Does New Law Mean Associations Don’t Have to Hold Annual Meetings?
Since HB 320 passed (see Bill Adopted to Allow Electronic Membership Meetings and Voting in North Carolina Associations), we’ve had questions to the effect of “Do we have to hold annual member meetings anymore?” The thinking seems to be that because the new law allows decisions by “written ballots or electronic voting” that you could use those methods and forego the annual meeting. That is, a written or electronic ballot could be sent out for everything that needs to be handled at the annual meeting and then have no meeting at all. Anyone who suggests that the new law … Continue reading
NC Governor Signs Bill Allowing Remote Member Meetings
As a follow-up to last week’s Community Association Legislative Update (Bill Adopted to Allow Electronic Membership Meetings and Voting in North Carolina Associations), Governor Roy Cooper signed HB 320 (“Modernize Remote Business Access”) yesterday, September 20. The law takes effect effect immediately. NC homeowner and condominium associations (as well as other nonprofit associations) can now choose to hold virtual member meetings or make decisions without a meeting through written or electronic balloting or electronic voting, so long as certain requirements are met. The new law applies to any member meetings noticed as of today. In addition, remote member meetings noticed and held … Continue reading
Bill Adopted to Allow Electronic Membership Meetings and Voting in North Carolina Associations
NC Community Association Legislative Update – September 15, 2021 Community association (HOA and condo) boards have long been permitted to meet virtually by phone or videoconference, but the ability to hold membership meetings electronically ended with the expiration of the Governor’s Executive Order this spring. Since that time, while members can certainly meet virtually as an informal “town hall” and then vote afterwards by written ballot, it has not been possible to hold virtual membership meetings. And even under the Governor’s prior Executive Order, members could not vote during virtual meetings. That’s all changing with the adoption today of legislation … Continue reading
Throwing Shade—North Carolina / South Carolina Homeowner Right to Sunlight
Once upon a time there was a homeowner with a mountain cottage with a great view. The homeowner lived for years on this quiet property with a fantastic view of the surrounding mountains. Suddenly, a neighbor showed up and began building next door. As part of construction, it became obvious that part of the new neighbor’s home would block the view of the first homeowner. Although the first homeowner may not be happy about it, without some sort of guarantee that his view will remain unchanged, the first homeowner probably has no way to prevent the construction. To avoid this … Continue reading
Simple Summary Of The “Free” Step-Up In Basis For Estate Assets And Possible Changes with the Proposed American Families Plan
Most of my clients do not have to deal with estate taxes due to the current 11.7-million-dollar exemption per spouse. Despite this, there are still many important conversations involving taxation that may come up in the initial estate conference at the death of a loved one from deferred income tax with inherited IRAs, fiduciary tax returns, taxation of income earned by irrevocable trusts, and the big one that always comes up and which is the focus of this blog, capital gains taxes. Capital gains tax is not an estate tax or related to death at all, but it is still … Continue reading
Improve Your Chances Of Winning Your Rezoning Case-Preparation Is Key
I served on the Greensboro Zoning Commission for six years, serving as Chair during my last year, and I lost count of the times that a rezoning application and presentation could have been aided by additional preparation by the applicant or by having a knowledgeable advocate who could persuasively make the case that rezoning a piece of property would provide its highest and best use. Applications can fail if those making the decision on a rezoning are not presented with sufficient information to answer their questions about whether a piece of property should be rezoned, whether that be through the … Continue reading
Law Firm Carolinas: New Shareholder, Partners, Offices and Lawyers
Law Firm Carolinas announces the following changes: Harmony Taylor, who is in the Charlotte office and practices community association (HOA and condo) law and civil litigation, has been named a Shareholder. Three attorneys have been named Partners: Joe Thompson, who practices residential and commercial real estate, and David Wilson, who practices North and South Carolina community association (HOA and condo) law, both from the Charlotte office; and Jon Raymer, who practices commercial and residential real estate, from the Greensboro office. There have also been several recent additions to the firm: Nancy Guyton and Hunt Harris have joined the Wilmington office. … Continue reading
Miscellaneous Long-Term Care Planning Info and Options
Note: The allowances and income and resource limitations referenced in this blog are subject to periodic change and this info should not be relied upon without consulting with an attorney at the relevant time. In prior blogs, I have discussed Medicaid options for skilled nursing and the Special Assistance Medicaid program for an assisted living facility. In this blog, I will address some miscellaneous items to ponder when long-term care planning. Assistance for Elderly Veterans First, is your elderly loved one a Veteran? If so, Veteran’s Aid and Attendance may provide a small amount of assistance with long-term care cost. For … Continue reading