Yet another issue that is coming up frequently in the face of COVID-19: what should an association do about violation hearings that need to proceed, and are already scheduled or need to be scheduled? Obviously, we are recommending against any face-to-face meetings for the foreseeable future. Mecklenburg County’s stay at home order requires residents today to stay home and avoid all unnecessary trips may soon spread to the rest of North Carolina. This means we have to get creative about how to hold hearings. The goal, as always, will be to allow owners to clearly understand the alleged violation and … Continue reading
Are Your North Carolina Last Will and Testament and Guardianship Designations up to Date in the Midst of Coronavirus
Living with the reality of the COVID-19 pandemic, has made many people step back and take actions that ensure they are prepared. In the short term that means fighting the lines for food and cleaning supplies but in the long term it means making sure that all recommended important legal documents are up to date. Only two weeks ago, we thought that only older people were affected but now we know that people of all ages are at risk. Persons of all ages are reminded to make sure they have a Last Will and Testament in place. Young parents are … Continue reading
North Carolina Powers of Attorney, Advanced Directives and Beneficiary Designations in the Midst of Coronavirus
Living with the reality of the COVID-19 pandemic, it is important for each individual to decide who it is that they trust most to make medical decisions if they cannot make those decisions themselves. Many of us may get sick and in that case, we may need someone to make important decisions for us. If you have not already done so, this is the time, while you are well and thinking clearly, to make those decisions and memorialize them in the appropriate legal documents. This advice is not only intended for older people but for anyone over the age of … Continue reading
“Let’s Have Our Meeting or Convention Online!”
Due to the Coronavirus, in the last several weeks we have received a lifetime’s worth of questions about moving in-person business meetings and conventions to some type of electronic format. Our firm’s two Professional Registered Parliamentarian attorneys have assisted many clients in doing just that—board meetings, annual meetings, houses of delegates, etc. However, before jumping online there are considerations that should be addressed. Is an Electronic Meeting or Electronic Voting Allowed? There are two main online approaches to conducting business: (1) an electronic meeting and (2) electronic voting. An electronic meeting attempts to mirror an in-person meeting to some extent—members … Continue reading
It May Be A Tiny Home, But Is It A Tiny Price?
It’s a tempting fad if you think about it—being able to purchase a beautiful new house for half the price and only have to clean half of a house. With home prices continuing to soar, and home inventory becoming less readily available every day, Reality TV shows focused on finding the right Tiny Home are starting to plant the seed in more and more home buyers’ minds that maybe they COULD give up some of the convenience that comes with the size of a traditional home. However, before you jump onto the Tiny Home bandwagon, there may be a couple … Continue reading
Coronavirus: What Should Homeowner and Condominium Associations Do?
This is one of three articles on dealing with the Coronavirus and its impact. This blog looks at how associations can protect the association as well as responsibilities. See also The Coronavirus, Flu, and HOA/Condo Association Meetings and “Let’s Have Our Meeting or Convention Online!” Since our blog last week on The Coronavirus, Flu, and HOA/Condo Association Meetings, there has been an increase in U.S. Coronavirus cases, including one death in Washington state. That has led to a number of questions from association boards to the effect of: “Thanks for the blog, but what should we DO to protect the … Continue reading
The Coronavirus, Flu, and HOA/Condo Nonprofit Association Meetings
This is one of three articles on dealing with the Coronavirus and its impact. This blog looks at how association boards and members transact business outside of in-person meetings. See also Coronavirus: What Should Homeowner and Condominium Associations Do? and “Let’s Have Our Meeting or Convention Online!” As of today (February 27, 2020), estimates are that the Novel Coronavirus has infected 80,000 people worldwide, and killed 3,000. Flu statistics are even more shocking, with about 26 million Americans infected and 14,000 U.S. deaths. While I hope these crises will soon go away, we have been asked what to do if … Continue reading
Annual Reports Due April 15, 2020
It’s that time of year again when most entities, with only a few exceptions (such as non-profits), that conduct business within the State of North Carolina are required to file an Annual Report with the North Carolina Secretary of State. More specifically, entities will be required to both submit their Annual Report and to pay the accompanying fee by April 15, 2020. Annual Reports can be filed quickly and easily through the North Carolina Secretary of State’s user-friendly website (https://www.sosnc.gov/divisions/business_registration). Although it may be tempting to click through the screens to quickly complete and submit the filing, business officers and … Continue reading
Handwritten (Holographic) Wills in North Carolina
North Carolina recognizes hand written Wills known as Holographic Wills in certain circumstances. A holographic will is handwritten, not typed, and must be entirely in the handwriting of the person making the Will (known as the Testator or Testatrix). Holographic wills are valid without witnesses, but the testator must still sign it. In addition to having the Testator’s name, the holographic Will must also be found: among the his or her valuable papers or effects, or in a safe-deposit box or other safe place where it was deposited by the testator or under the testator’s authority; or in the possession … Continue reading
TWO 2020 HOA/Condo Law Days Coming Up!
Community Association Law Day is always one of the most popular programs of the North Carolina Chapter of the Community Associations Institute. This year there are TWO: Charlotte on Friday, February 28 and Raleigh on Friday, March 13. Attendees include HOA/condo board members, community leaders, and community managers. Speakers include many of the best community association professionals in the state. Five Law Firm Carolinas attorneys will be presenting at the 2020 Community Association Law Days (a record!). Here are their topics: What HOA/Condo Leaders Need to Know About Meeting Procedure & Robert’s Rules of Order – Jim Slaughter. Running community … Continue reading
New HUD Guidelines on Assistance Animals
Yesterday, January 28, 2020, the US Department of Housing and Urban Development (HUD) Office of Fair Housing and Equal Opportunity (FHEO) released new assistance on guidance animals. Notice FHEO-2020-01 (“Assistance Animals Notice”) includes two parts: “Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act” contains best practices for complying with the Fair Housing Act (FHA) when assessing a person with a disability’s accommodation request involving animals in housing, including . “Guidance on Documenting an Individual’s Need for Assistance Animals in Housing” provides guidance on information that an individual seeking a reasonable accommodation … Continue reading
How a Mobile Closing is Going to Make My Transaction Smoother
Historically, closing on a residential property and use of related vendors to do so has been a largely local (to the property location) endeavor. It does make sense to do so since local real estate agents, attorneys and other vendors have specific knowledge of intricacies of the area and other special processes that may be required to provide relevant advice and complete a transaction most efficiently. Most times, it also requires a trip or three to the closing attorney’s office to sign documents and meet with other parties to the transaction in order to consummate the deal. However, whether … Continue reading
Why Suze Orman May Not Get It Right for North Carolinians
There are many interesting legal and financial correspondents on television and the radio. They serve a great purpose; to educate consumers on options for their consideration. However, in many circumstances, it can be dangerous to take their advice. These correspondents speak from a national platform and not necessarily one that pertains to those living in North Carolina. I find often when someone like Suze Orman gives advice, it may be great advice for someone who lives in California. As an attorney also licensed in California I nod my head in agreement for some of the advice she gives but … Continue reading
DRONE FLIGHTS OVER PROPERTY: What Are My Rights?
Drone usage has become increasingly popular and is only expected to increase in coming years. Although the vast majority of commercial and recreational drone fliers are responsible rule-followers, there are always a few who will break or bend the rules to the displeasure of their neighbors. General rules dictate that drones (or a UAS/UAV, to the fliers) must be flown within line of sight of the operator, may not be flown over people, may not be flown more than 400 feet above ground level, and may only be flown during daylight hours, among other things. Complaints about “illegal” drone flights … Continue reading
Making America Ethical (and Civil) Again
I often note that community associations are effectively microcosms of our larger culture, facing the same challenges and trends. One example of this is the increase in (real or perceived) lack of civility and ethics in communications with and between boards and their members. This past week, the Community Association Institute (CAI), an international membership organization that provides information, education and resources related to community associations, published a newly adopted Civility Pledge as a resource for communities to foster civil discourse. The Civility Pledge, linked here, is an excellent resource for boards wishing to support a more respectful dialogue. The … Continue reading
The Attorney-Client Privilege and Community Associations
Authored by Hamony Taylor and David Wilson As our community association clients settle into a new year and new issues, many boards with new members find themselves with questions or confusion about the attorney-client privilege. Because this privilege is complicated but incredibly important, we thought it would be helpful to go over the basics and how boards can and should preserve the privilege. Very generally, in both North and South Carolina, the attorney-client privilege protects communications between an attorney and a client in the following circumstances: The parties were in an attorney/client relationship. It is not necessary that the client … Continue reading
What is Property Title?
What exactly is title? The practice of real estate concerns understanding how property is affected by a property owner in the chain of title. An owner of property can restrict and convey property while they own it. Once they convey the property, they no longer have the ability to restrict or convey that property but the property remains subject to the restrictions they placed on it while they did own it. Similarly, personal judgments and liens can attach to real property while it is owned by an individual. Judgment creditors can execute their judgment to partition and/or sell the property … Continue reading
Law Firm Carolinas Attorney Featured at South Carolina Community Association Institute Annual Law Day & Expo January 9, 2020 in Myrtle Beach
The annual Expo and Law Day of the South Carolina Chapter of the Community Associations Institute (CAI) will be held Thursday, January 9, 2020 in Myrtle Beach at the Sports Convention Center (2115 Farlow Street). Attendees will include community association professionals and community leaders from across South Carolina. David Wilson with Law Firm Carolinas will be featured at 4:00 during a Q & A session to wrap up the educational sessions being offered. The full schedule and registration information can be found at the 2020 SC CAI Expo and Law Day page.
HOA & Condo Assessments: What Can & Can’t Be Collected from an Owner
Obligation to Pay Assessments Homeowner dues (legally called “assessments” by statute) are the lifeblood of an association. Most all HOAs and condominium are nonprofit corporations. That is, community associations are not designed to make money; they are designed to pay the association’s bills. Associations basically act as agents for collections by other entities—water, garbage, electricity, landscaping. The funds collected are not kept by the association, but are forwarded to other parties, including the government. For example, many of our associations pay the premiums insuring all units each year. Unless assessments can be collected the association will owe debts but not … Continue reading
Can Community Privileges or Services Be Suspended?
We are often asked what can be done when a homeowner is violating the governing documents. That answer depends on the language of the association’s declaration, and whether or not the association is subject to the North Carolina Planned Community Act or Condominium Act. Quite frequently, the answer results in a discussion on the association’s ability to issue fines to owners who are in violation. However, the same North Carolina statutes that grant the ability to issue fines also grant the association the ability to suspend community privileges or services. As with issuing fines, an owner’s community privileges or services … Continue reading