The current real estate market is fast paced and more complex than ever before. Many sellers of real property want to know they can move their properties as fast as possible without encountering costly delays brought on by unexpected title problems. Larger institutional sellers (e.g., banks) will attempt to prevent some of these unexpected delays by contracting to convey title under a seemingly less stringent standard in order to get their deals closed in the shortest amount of time possible. Often, this is done by agreeing to sell “insurable” title to prospective buyers. But, what is the buyer actually … Continue reading
The Benefits of a Professional Verbatim Convention Reporter
Having served as parliamentarian to hundreds of conventions, I’ve worked with different types of court reporters who used different methods to provide verbatim transcripts of the proceedings. These included stenographic court reporters using audiotape, specialized court reporting machines or laptops. At times I’ve also seen voice writing court reporters using a stenomask as you might see at a trial. With no disrespect towards others, I want to give special recognition to convention reporters Jack and Dee Boenau (pronounced BAY-no) of AmeriCaption, Inc. Because we’re on the convention circuit together, Jack, Dee and I see each other at conventions ranging from 300 … Continue reading
AVOIDING CORPORATE DEADLOCK
Corporations, limited liability companies and other entities have become a standard resource or mechanism to help individuals shield themselves from personal liability when going into business, holding investments, or otherwise entering into a variety of undertakings. The ever increasing use of such structures, however, can sometimes lead to other, unanticipated problems, particularly when the shareholders or directors of an entity cannot agree on matters impacting the entity. In a worst case scenario, disagreements can escalate and eventually lead to complete gridlock, negating many of the advantages and corporate opportunities that once existed. In order to avoid such gridlock and protect … Continue reading
TEN COMMON MISCONCEPTIONS ABOUT FAMILY LAW
After practicing family law for 31 years, I have noticed that many of my clients have common misconceptions about family law. Some of the most frequent questions the family lawyers at Law Firm Carolinasreceive are: If my wife and I are sleeping in separate bedrooms, does that count for the one-year separation required for absolute divorce? Parties must be physically separated and have separate addresses to count as “separation” for purposes of the one-year requirement for absolute divorce. Does my wife have to account for how my child support payments are used? Child support is supposed to cover … Continue reading
Firm Recognition
The readers of YES! Weekly magazine have selected the firm as a “Best Lawyer/Law Firm.” It’s nice to be recognized! For more information on Law Firm Carolinas and our practice areas, please visit www.lawfirmcarolinas.com
NC Community Association Legislative Update – June 22, 2017
I’m asked frequently about the status of proposals filed this session in the General Assembly that, if adopted, would directly impact North Carolina HOAs and condominium associations. The “crossover deadline” (the date on which a bill must have cleared one chamber to move forward) has passed, which means this a good time to check in on various bills. (FYI, while the crossover deadline is a big deal, keep in mind the News & Observer’s warning several years ago: “[Legislative] rules are made to be circumvented, so there are many ways to keep legislation alive.”) UNDERSTAND THAT ALL OF THESE ARE PROPOSALS, … Continue reading
Communities for Those 55 Years of Age or Older
Recently we have been approached by multiple associations inquiring about making their housing community one that is restricted to those residents that are 55 years of age or older. The ability and requirements for establishing or becoming a housing community for those 55 years of age or older is governed by the federal Housing for Older Persons Act (HOPA). The Act applies to homeowners associations and condominium associations that wish to impose this type of age requirement. HOPA is an exemption to the Fair Housing Act (FHA) which prohibits discrimination in housing-related transactions based on race, color, religion, sex, national … Continue reading
Bidding Wars and Low Appraisals
The current real estate market in Charlotte has a very low inventory for homes being sold. One result of low inventory is the increased likelihood of multiple offers being submitted for a single property. This results in bidding wars where the offers submitted by buyers far exceed the original listing price to ensure that their offer will be accepted over the other offers. However, what many buyers are not aware of is that their winning offer also exceeds the actual appraised value of the property. When the property appraises for a lower amount than what was offered, who should bear … Continue reading
Challenging the Chairman of a Meeting
Have you ever been at a meeting that you did not believe was being run properly? Is the chair ruling every motion out of order? Were you unsure on what you could do or did you feel like there was nothing you could do? Fortunately, there are actions that you can take in these situations. If your group utilizes Robert’s Rules of Order Newly Revised, then there are several procedures that allow you to challenge the chair if you believe the meeting is not being run properly. One procedure some people might not be aware of to challenge the ruling … Continue reading
Do You Know Who Your Registered Agent Is?
North Carolina corporations, whether for-profit or nonprofit, must have a registered agent name filed with the NC Secretary of State. Planned communities (i.e., homeowner associations) created on or after January 1, 1999 by statute must be incorporated. And almost all homeowner and condominium associations in North Carolina ARE incorporated, regardless of when they were created. So an important question is, “Do you know who your registered agent is?” Finding Your Registered Agent The process of determining your current registered agent is fairly straightforward. Just visit the Secretary of State’s corporate search page and search for your corporate name (be careful, as different corporations often … Continue reading
Grandparent Rights? Requesting Visitation with Your Grandchild
People often call our offices at Law Firm Carolinasasking about grandparent rights. In North Carolina, grandparents do not have unlimited access to their grandchildren and there is no formal acknowledgement of grandparent rights. For instance, if the mother and father of your grandchild are married and decide at some point that they do not want you or certain other grandparents to spend time with or otherwise have access to a child, the grandparents are left with limited legal options to seek access to their grandchild. Absent a showing of unfitness or acts inconsistent with a parent’s constitutionally protected status where … Continue reading
CREATING A CONTRACT: HELP ME, HELP YOU PART 2: WHERE IS THIS?
If you followed along with me on Part 1, you should know that purchase contracts come in all shapes and sizes. Drafting a good contract considers not only the buyer and seller, but also everyone else in the closing process who will need the purchase contract for making decisions and producing paperwork. Delays are caused where there is incorrect or an incomplete information. This blog will look at common legal description errors and suggest how to list a legal description to assist those who will follow in the closing process. Where is this? I have a purchase contract sitting on … Continue reading
Successful Real Property Listing Agreements
The real estate market has been getting hot again recently in the Charlotte market, as well as other areas in NC, and this is driving many homeowners to contemplate listing their homes for sale. Some may choose to attempt to market their own properties, but most will find the assistance of a knowledgeable real estate professional to be invaluable. Along with the services of a real estate broker comes documentation. The main document that defines the relationship between a seller and his or her agent is the Listing Agreement. As you might expect, this agreement should ALWAYS be in writing … Continue reading
CREATING A CONTRACT: HELP ME, HELP YOU PART 1: WHO IS THE SELLER? ARE THEY MARRIED?
At Law Firm Carolinas., we have the great privilege of working on real estate transfers in every step of the process, but we usually begin our residential closing work with the receipt of a purchase contract. We find there are good contracts out there and some, well, not so good contracts. So what separates the good from the bad? A good contract is complete and accurate. In the light most favorable, a bad contract has the essential information but leaves Realtors, Brokers, and attorneys trying to fill in the blanks. This can cause frustration and delays to all of the … Continue reading
Social Media and Community Associations
Community Associations and Social Media Continue reading
Tenant’s Rights: What is the Implied Warranty of Habitability?
Renting residential property can have great perks for a tenant. Typically, you’re not responsible for home maintenance and costs of repairs. If something happens, like an appliance stops working, the toilet backs up, or some other repair is needed, all you have to do is call your landlord. In fact, once a landlord has received notice of an “imminently dangerous condition”, the landlord is required to repair the condition within a reasonable time, based upon the severity of the condition. Imminently dangerous conditions include, but are not limited to: – unsafe wiring; – unsafe flooring or steps; – unsafe ceilings … Continue reading
NC Community Association Legislative Update – Community Association Property Management Act
While most NC General Assembly bill filing deadlines have passed, legislation considered appropriations or finance can be filed through next week. A bill introduced yesterday would, if adopted, significantly impact North Carolina’s HOA/condo associations as well as community managers. House Bill 865: Community Association Property Management Act was filed April 20, 2017 by Rep. Jonathan Jordan (Ashe, Watauga), Rep. John Blust (Guilford), and Rep. Rodney Moore (Mecklenburg) and provides that: The full bill can be found at http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2017&BillID=H865 This bill and others will be updated as the legislative session progresses.
Turning Eighteen or Going Off To College – Estate Planning
Most people don’t think about an “estate plan” until they are well in to adulthood. However, planning for unknown events is something that should be considered as young as age eighteen. Once a person turns18, there is no one with legal authority to act on his or her behalf if the young person should become incapacitated, either temporarily or permanently. A Durable (financial) Power of Attorney as well as a Health Care Power of Attorney would allow that young adult to designate the person or persons that he or she wants to have decision making ability in the event of … Continue reading
NC Community Association Legislative Update – April 19, 2017
Several important legislative deadlines have passed in recent weeks. Tuesday, April 4 marked the NC Senate deadline for filing public bills and resolutions. Tuesday, April 11 marked the NC House deadline for filing public bills and resolutions (other than appropriations or finance bills). While there are a still a few ways for bills impacting HOAs or condos to be introduced in the General Assembly this session, now is an appropriate point to look at the filed bills that, if adopted, would directly impact North Carolina’s community associations. (1) Senate Bill 491/House Bill 625: HOA/Condo Crime & Fidelity Insurance Policies. Senate Bill 491: … Continue reading
NC Community Association Legislative Update – Fidelity Coverage & Audits
While there are still several weeks for legislative proposals to be introduced in the General Assembly, one bill introduced yesterday (March 29) would directly impact North Carolina condominium and homeowner associations: Senate Bill 491: HOA/Condo Crime & Fidelity Insurance Policies filed by Sen. Norman Sanderson (Carteret, Craven, Pamlico). The bill’s purposes are to (1) require more financial transparency in community associations, and (2) help ensure associations recover monies in the event of financial wrongdoing by an association leader or community manager. In short, SB 491 takes a different approach than some prior proposals on how to address concerns about financial … Continue reading