The COVID-19 pandemic is changing the way we all do business. Homeowners associations and condominium associations are not immune to this new normal. Our firm has blogged extensively how to conduct association business during the COVID-19 crisis in order to promote social distancing and best stay compliant with the ever-changing status of the North Carolina Governor’s executive orders. One question that continues to come up is how to ratify the association’s budget when holding a meeting seems impossible. The budget ratification process is dependent on several factors including when your association was established. For example, the Condominium Act process for … Continue reading
Can You Help Your Attorney Get Ready for Your Child Custody Trial?
Yes! Having a well-respected family law attorney represent you in a custody case is an important step but your children are the most important people in your life so hiring an attorney should not be your last step. First, discuss all of your goals and concerns with your attorney. Second, provide your attorney with as many facts regarding your history with the children as possible. Third, provide your attorney with a list of witnesses who can testify about your positive relationship with your children. Good witnesses are teachers, coaches, neighbors and friends you spend a lot of time with, and … Continue reading
What Does it Mean to “Serve” Divorce Papers?
To get divorced in North Carolina a lawsuit has to be filed with the courts and served (meaning formally delivered) to your spouse. There are three (3) primary ways to serve someone with divorce papers: by sheriff, certified mail or acceptance of service. If you do not know where your spouse is staying or working or you have tried all possible leads and you have been unable to get them served, you will need to publish a notice in the local newspaper where your spouse was last known to be living. This process is called Notice by Publication. Once you … Continue reading
I Want a Divorce…Does My Spouse Have to Agree?
You do not have to have your spouse’s consent to obtain a divorce; however, there are several facts that must exist in order to get divorced. In North Carolina, a husband or wife can file for divorce so long as the parties have been physically separated for more than a year with at least one of the parties intending to remain separate and apart, at least one of you has been a citizen and resident of the State of North Carolina for at least 6 months prior to filing the action and the other spouse is not an active member … Continue reading
Can a Parent Withhold Custody Because of the Coronavirus?
I have been asked by several clients if they or the other parent can keep their child or children from visiting with the other parent if they are concerned about the Coronavirus. Since the impact of COVID-19 is unprecedented, there are no hard and fast rules but first and foremost, if your custody terms are in a court order, you should follow the terms of the order. Neither party is allowed to unilaterally change or violate the terms of the court’s order. If the child has been exposed to the coronavirus, then the parents should discuss whether the exchange can … Continue reading
Are Child Custody Exchanges Permitted While Stay at Home/Shelter in Place Orders Are in Effect?
In most if not all counties in North Carolina, including Guilford, Mecklenburg, New Hanover and Wake County, travel for purposes of exchanging children pursuant to a custody agreement or court order is permitted. You should check your particular county’s Shelter in Place policy, but most likely exchanges for purposes of exercising custodial agreements are permitted. If Shelter in Place rules prevent you from exchanging at the location designated in your agreement such as inside a restaurant or at a local park that is closed, you may need to move the designated meeting place to another spot. Be sure to communicate … Continue reading
Live Webinar for SC Community Associations Responding to COVID-19
The South Carolina Chapter of the Community Association Institute (CAI) will host a 1-hour “Coronavirus Update and Q&A” webinar this Tuesday, April 14, 2020 at 10:20 am. The Facebook Live webinar (you do not need a Facebook account to participate) will provide timely, helpful information on how HOA and condo associations should respond to the coronvirus pandemic and will include live Q&A. Attorneys Steve Black and David Wilson (who are licensed in both North and South Carolina) will be participating. More details and a sign-up can be found at this CAI-SC Facebook Webinar Page Topics to be covered include: Member and … Continue reading
Carolinas HOA & Condo News – April 2020
To read entire issue, click on image:
Are HOAs and Condos in North Carolina and South Carolina Eligible for Coronavirus Federal Disaster Funds?
Individuals, businesses, and organizations across the United States are struggling to come to grips with the new financial realities created by the COVID-19 pandemic. Nonprofit community associations are no exception. They will likely face reductions in revenues in the coming months, at least, as a result of members who simply are not able to pay their ongoing obligations for assessments. Loans newly made available by the federal government may be an option for community associations to consider. In this blog we will look at federal disaster loans offered through the U.S. Small Business Administration (SBA). (For a more general explanation … Continue reading
HOAs, Condos, and the South Carolina Stay at Home Order
Effective April 7, 2020, at 5:00 pm, South Carolina will join most other states with statewide “stay at home” orders. Governor Henry McMaster referred to the order as a “home or work” order that would require people to stay home if they are not at work or tending to essential needs. A copy of the South Carolina Governor’s full order is here. The order does not close more businesses than had previously been closed, but did create additional limits on how many customers can be inside a store at any given time. According to his order, all stores must limit … Continue reading
Is Your Association Having Trouble Holding A Membership Meeting? The Emergency Bylaws Provision Of The North Carolina Non-Profit Act May Be Able To Help!
In these difficult times (thanks to the COVID-19 virus) and local and statewide orders prohibiting gatherings to protect public health, it is likely impossible to physically gather all of the people required to hold your Association’s membership meeting. If your Association’s governing documents allow holding an electronic or telephonic meeting, then that is a great option. We have previously written regarding the best ways to hold electronic or telephonic meetings However, even if your governing documents do not provide any authority to hold an electronic or telephonic membership meeting, you do not necessarily need to postpone your meetings. Your Association … Continue reading
The Case for Fining in South Carolina HOAs and Condominiums
My community association practice is split between North Carolina and South Carolina. One of the primary differences between the law in these two states is the fact that North Carolina has a comprehensive HOA statute while South Carolina does not. I’ve written more than once about the need for a comprehensive HOA statue in South Carolina. While there are many nuances that make the laws in each state unique, one that I deal with frequently is the enforcement method for covenant violations. Most covenants authorize “an action at law or in equity” as a method for the association to enforce … Continue reading
WEBINAR: Coping with COVID-19 for NC Community Associations
Last week the NC Chapter of the Community Associations Institute hosted a free live webinar on “Coping with COVID-19 for NC Community Associations.” The hope was to get out timely, helpful information about how HOA and condo associations should respond to the coronvirus pandemic and included participant Q&A. The webinar clearly served a need—attendance was capped at 500, and far more than that wished to attend. If you did not see the program (or did and wish to share it with someone), the NC Chapter of the Community Associations Institute has made it available as a recording on the Chapter’s … Continue reading
CARES Act Imposes 120 Day Moratorium on Some Residential Evictions
The Federal CARES Act that was signed into law on March 27, 2020 includes a 120-day moratorium on evictions of tenants in federally financed housing based solely on nonpayment of rent or other fees or charges. The CARES Act further prohibits a lessor/landlord of a covered property from charging any tenant fees, penalties or other charges for nonpayment of rent during this time. During the moratorium period, the landlord of a covered property also cannot “require a tenant to vacate a dwelling unit before the date that is 30 days after the date on which the lessor provides the tenant … Continue reading
Communicating With HOA/Condo Members In The Age of Coronavirus
Association Boards are not typically groups that like to overshare. They often can take a “need to know” approach to communicating with association membership. However in this brave new world we are facing with Coronavirus (“COVID-19”) sharing what actions the Board is taking, or not taking, with regard to the virus is going to be of vital importance to maintaining a well informed and healthy membership. Typically when associations discuss communication, they are referring to those notices required to be provided by governing documents or state statute, such as notices required for annual meetings, collection of assessments, imposing fines for … Continue reading
Greensboro and Charlotte North Carolina Probate in the Midst of Coronavirus
While things have generally slowed down during this pandemic, the Courts have remained open to certain departments that simply cannot be put on hold. Two of these include: (1) Estates – this is where Probate Estates are administered, Spousal Allowance applications are processed and other similar matters. Probate is the court-supervised legal process that gives someone (executor or administrator) the authority to administer an estate. Administering the estate includes gathering the assets of the deceased person, paying the taxes and final bills and at the end distributing any remaining assets to the beneficiaries named in the Will or set out … Continue reading
What to Do About HOA/Condo Finances & Assessments During the Coronavirus
Questions to our firm about how homeowner and condominium associations should respond to the coronavirus (COVID-19) epidemic have come in waves. When news of the virus broke, we were asked by HOAs and condos how to keep homeowners safe. (See: Coronavirus: What Should Homeowner and Condominium Associations Do?) Then, once health concerns cancelled board and membership meetings, questions turned to how to transact association business without having physical meetings. (See: The Coronavirus, Flu, and HOA/Condo Association Meetings and “Let’s Have Our Meeting Online!”) Now, with the extended health and economic crisis, association boards are concerned both about the association’s finances … Continue reading
Quiet Title Actions in North Carolina
We frequently field questions from clients regarding their ownership in property that has been passed down through multiple generations of family members. Issues tend to arise due to how title is held to the property. Sometimes, several members of a family own a small share of a piece of property but are unsure of their exact ownership interests. This can result in confusion and the inability to immediately sell the property to an eager buyer. Frequently, property held by a family for generations is never deeded down the generational line. This results in a perceived gap or uncertainty in ownership. … Continue reading
Landlord/Tenant Issues In the Midst of COVID-19
In an effort to reduce courthouse traffic and slow the spread of COVID-19, Chief Justice Beasley has halted all eviction hearings through April 17, 2020. Below is some clarification of what this means for landlords and tenants in North Carolina. Keep in mind that each lease is different, so it is important that you carefully read the terms of your lease to determine exactly what your rights and obligations are. If you are in doubt, the attorneys at Law Firm Carolinas can assist you with offices in Greensboro, Charlotte, Wilmington and the Triangle. *Be aware that this information is subject … Continue reading
Should My Community Close Its Common Areas Due to COVID-19?
With everyone on high alert because of the coronavirus (COVID-19) we get a number of questions every day about how community associations (HOAs and condos) should react and what should be done. One of the questions we’ve received a lot lately is whether the association should close its common areas. The answer, as with most legal things, is “it depends.” First, most community associations are nonprofit corporations and are obligated to do whatever any state or local government or health department has said should be done. For a great discussion on general steps your community should take to deal with … Continue reading