Condo Charged with Discrimination for Delay in Approving Assistance Animal

In a recent case out of Pennsylvania, a condominium association was found to have violated Fair Housing laws for its delay in approving requests for reasonable accommodation for an emotional support animal belonging to a resident and for imposing conditions on the animals’ use of the common area.  The Dorchester Owners’ Association in Philadelphia is a condominium with a rule against keeping pets.  Two different owners requested an exemption from the rule based on their disabilities. One, Louise  Hamburg, obtained a letter from a clinical psychotherapist that said she was treating Ms. Hamburg. It was later discovered that the statements in the … Continue reading

NC Bill to Restrict HOA/Condo Collections Would Harm Associations & Owners

As described in my recent NC Community Association Legislative Update, one bill moving through the NC General Assembly is HB 542 “Protect Homeowners’ Rights.” In addition to placing further requirements on associations as to the collection of past due assessments, the proposal would prohibit the filing of a lien against an owner who fails to pay obligatory association assessments unless the amount is $2,500 “or one year of unit owners’ association assessments, whichever is lesser.” The bill’s attempts to add protections to owners not paying obligatory dues may be well intentioned, but such a dollar cap before a lien can … Continue reading

What Happens to the House in a Divorce or Separation

In many marriages, the largest asset is the marital home. Not only does it have significant financial value, it usually has great sentimental value for the owners. If you are separating and looking towards divorce, one of the first decisions separating you will have to make is who is moving out of the home. In North Carolina, neither party can “kick out” or “lock out” the other party absent a court order or agreement so sometimes the hardest part of separating is actually getting separated. Before or after separation, however, you and your spouse can settle some or all of their marital … Continue reading

New South Carolina Bill Would Allow Virtual Membership Meetings for HOAs

House Bill 4049, which was initially introduced in February, was approved by the SC House yesterday (April 18, 2023) and has now crossed over to the SC Senate for consideration. The bill would allow for remote participation at homeowners association membership meetings. Up until now, unless the governing documents for a homeowners association or condominium specifically allowed remote participation at a membership meeting, there was no specific statute in South Carolina authorizing membership meetings to be held virtually.  One of the positives of the COVID pandemic was that many more people became comfortable with video conferencing and other similar means … Continue reading

NC Community Association Legislative Update – April 18, 2023

Ahh, Spring has arrived! Bees are buzzing. Birds are singing. The deadline for filing HOA/condo bills in the legislature has arrived…. For the current two-year session of the NC General Assembly (2023-2025), several important dates have just passed. There are exceptions to all rules, but generally the filing deadline for Public Bills in the North Carolina Senate and House ended at 3 pm today. That makes now a good time to look at proposed legislation that, if adopted, would impact North Carolina’s homeowner and condominium associations. The following bills are not in order of the impact they would have upon … Continue reading

North Carolina’s Archaic Laws on “Legitimacy”

While many are fortunate enough to create a Last Will and Testament during their life dictating the disposition of their estates, many individuals pass away unexpectedly or simply lack the resources, knowledge, or motivation to create one prior to death.  These individuals are referred to as Intestates and, for individuals who pass away as residents of North Carolina, the disposition of their estates is dictated by the North Carolina Intestate Succession Act.  The North Carolina Intestate Succession Act (Chapter 29 of the North Carolina General Statutes) provides the scheme by which property passes from a person who dies without a … Continue reading

NC Bar Journal Article on Meeting Procedure & Robert’s Rules of Order

In case it’s of interest, the article “Robert’s Rules of Order: An Interview” appears in the most recent NC State Bar Journal (Spring 2023). The article, by Executive Director Alice Neece Mine, covers what lawyers should know about meeting procedure, why Robert’s is still relevant today, changes in the new Robert’s, virtual and hybrid meeting procedures, common mistakes about meeting procedure, tips for keeping meetings short and productive, and more. As a reminder, both the NC Planned Community Act and NC Condominium Act require that unless otherwise provided in the bylaws, association and board meetings must “be conducted in accordance … Continue reading

Records Retention & Records Retention Policies

Recently, a question came up on a national nonprofit list serve about how long various documents should be kept by an association, such as board meeting materials. Here was my response.  “Your question has both legal and political aspects. Since I don’t practice law in your state, I can’t say what specific language or practice should be used for record retention, but here are some general considerations: While a bit dated (which means I should update it!), here’s an article I wrote on “Association Documents: Keep or Toss?” that appeared in a national magazine some time ago but is mostly … Continue reading

Parliamentary Lawyers Program – RECORDING

Due to the strong interest in last week’s “Author Chat,” the American College of Parliamentary Lawyers has made the recorded program available online. The free program includes a discussion of my latest books, changes in the new Robert’s Rules of Order, different parliamentary manuals (and why they are important), parliamentarians, some parliamentary history, and more.  The program can be found at:ACPL Author Chat with Jim Slaughter A copy of the original announcement follows. ACPL Educational Webinar – “Author Chat with Attorney & Parliamentarian Jim Slaughter” The American College of Parliamentary Lawyers is hosting our first free educational webinar for any … Continue reading

Homeowners Association Not Responsible for Owner’s Out of Pocket Expenses

In a recent decision by the North Carolina Court of Appeals, the Court held that a condominium association was not responsible for out of pocket expenses incurred by an owner when she was forced out of her unit while repairs were made. In Gehrke v. Gates at Quail Hollow Homeowners’ Ass’n, an owner sued her condominium association for all the costs she incurred while she was forced out of her unit for repairs. To read the full case, click here.    Marguerite Gehrke was a unit owner in The Gates at Quail Hollow Homeowners’ Association, Ltd. (the “Association”), in Charlotte, North … Continue reading

Pickleball Court Conversion Considerations to Avoid Placing Your Association in a Pickle

Homeowners associations are tasked with managing and overseeing the common areas of a neighborhood, which many times include recreational facilities such as tennis courts. In recent years, pickleball, a game that is a mixture of tennis, ping pong, and badminton, has grown in popularity, and residential developers are now regularly including pickleball courts as an amenity in newer neighborhoods. Some more established communities are also engaging with the trend, and are considering converting their existing tennis courts into pickleball courts. This decision to accommodate pickleball as a neighborhood amenity can be surprisingly controversial, as it can reduce the number of … Continue reading

Filing an Income Tax Return for a Deceased Person

While I am not a CPA or tax attorney, I am often confronted with tax matters in my estate planning and estate administration practice.  In this blog, I will focus on filing any outstanding federal and state income tax returns for a deceased individual. As a disclaimer, this blog should not be taken to provide tax advice and is intended only as general information on the types of returns and appropriate parties to sign. Information in this blog is gathered and, in some places, quoted directly from irs.gov. Consultation with a CPA is highly encouraged before any filing decisions or … Continue reading

Filing an Income Tax Return for an Estate Vs. Filing an Estate Tax Return

While I am not a CPA or tax attorney, I am often confronted with tax matters in my estate planning and estate administration practice. In this blog, I will focus on federal income tax returns for estates (Form 1041) versus federal Estate (and Generation-Skipping Transfer) tax returns (Form 706). As a disclaimer, this blog should not be taken to provide tax advice and is intended only as general information on the types of returns. Information in this blog is gathered and, in some places, quoted directly from irs.gov. Consultation with a CPA is highly encouraged before any filing decisions or … Continue reading

Podcast on NC HOAs & Condos

If you like podcasts, NC attorney Justin Ckezepis does a program on real estate issues and hot topics called “Today’s Real Talk.” Here’s the latest program that went live this week–a discussion with me about community associations, the authority of HOAs and condos, and various issues they face, including document amendments, rental restrictions, lot violations, collection of assessments, virtual meetings/electronic voting, and more. While the segment is focused on the Carolinas, some aspects are universal. Who Can Tell You What You Can & Can’t on Your Property? Understanding HOAs

What is the Statute of Limitations and Statute of Repose for NC / SC HOAs?

Homeowners associations and condominiums frequently hire contractors to perform work within their communities. Although some work is obviously poor, it is not always apparent that a contractor’s work was defective. Where defective work is not discovered until some time later, most boards of directors want to know whether the time has passed for the association to bring suit against the contractor.  When we talk about time limitations to bring suit, there are two types of statutes involved. The first is called the statute of limitations—this is the one most people are familiar with.  Generally speaking, the statute of limitations is the time … Continue reading

The Purpose of Assessments: What Is an Appropriate Use of Association Funds?

We are often asked what an association can or cannot spend their money on. In fact, this blog was inspired by a request from one of our regular readers. Associations are tasked with performing various community functions based on the requirements of their particular governing documents and state statute. You will often hear us say that assessments are the “lifeblood of an association.” That is because without them the association cannot do its job. There are some obvious uses for community funds, such as paying for the maintenance of the common area, improving association property, hiring professionals such as managers, attorneys, and … Continue reading

Service Members’ Right to Interest Reduction to 6%

Under the Servicemembers Civil relief act (SCRA), the maximum interest rate that may be charged on certain VA loans is 6 percent during the period of the servicemember’s qualifying military service.  Also established with the foregoing, the SCRA restricts foreclosures on obligations held or guaranteed by servicemembers, provides protections against default judgments, and permits early termination of certain leases, including motor vehicle leases. Under most circumstances, the loan holder, your loan servicer, will determine automatically whether the borrower might qualify for this interest rate limitation and apply any reduced rate. In the past several years this has not been an … Continue reading

Parliamentary Authorities: Robert’s Rules of Order vs Sturgis vs The AIP Standard Code

In my work as an attorney, Professional Registered Parliamentarian, and Certified Professional Parliamentarian-Teacher, I work with quite a few different parliamentary manuals. That’s because different organizations use different books as their procedural guide for membership and board meetings. I’m often asked about differences, so here’s a guide to the three parliamentary books most likely to be encountered. (If more information is needed, my Notes and Comments on Robert’s Rules, Fifth Edition goes into greater detail as well as compares specific practices between the books.) A “parliamentary authority” is a book on meeting procedure an organization follows because of a state … Continue reading

Reviews Are in for New Parliamentary Procedure Books!

The reviewing side of Publisher’s Weekly recently posted great reviews of my latest books, Robert’s Rules of Order Fast Track and Notes and Comments on Robert’s Rules, Fifth Edition. Each was also selected as an “Editor’s Pick,” which is described as “a book of outstanding quality.” Because the reviews are on a scrolling site (with latest reviews on top), the reviews are reprinted below. Read these and other reviews at Latest Reviews. Robert’s Rules of Order Fast Track: The Brief and Easy Guide to Parliamentary Procedure for the Modern Meeting Crisp, clear, and always on-point, Slaughter’s “fast track” guide to … Continue reading