At this time of year we often get questions from homeowners, managers, condominium and homeowners association boards about what flags may be displayed and under what circumstances. In South Carolina, both federal law and state law come into play. South Carolina law provides that homeowners associations and condominiums in South Carolina must permit the display of one portable, removable United States flag in a respectful manner, consistent with federal law, on the premises of the property of which he is entitled to use. Federal Law provides that homeowners associations and condominiums “may not adopt or enforce any policy, or enter … Continue reading
NC-CAI Chapter June 2016 Update
Since my last update, the North Carolina CAI Chapter has realized some great achievements! Annual Conference & Expo The 2016 Annual Conference in Greensboro was a huge success! There were more than 225 attendees representing 32 management companies and 5 communities. That’s one of our largest attendance figures ever, and certainly a record for the Triad! Sixty exhibit booths were sold. And a little more than a quarter of this year’s attendees were first-time attendees, which speaks well for the future. Evaluations by conference participants also provided other valuable information. 89% of attendees rated the overall Annual Conference experience as … Continue reading
Is Your HOA or Condo Community Manager Covered by the Attorney-Client Privilege?
For attorneys who practice community association law, there has been ongoing discussion at national HOA/condo legal events about whether a community manager is covered by the attorney-client privilege. In general the attorney-client privilege shields communications between an association and its attorney for materials prepared in anticipation of litigation or trial. Such communications usually lose their privilege if made in the presence of a third party. The concern has been that if legal communications that would otherwise be privileged are between the attorney and manager or if a manger is copied on a legal communication to the association, does that waive … Continue reading
Need Help for Bank “Zombie Foreclosures” in Homeowner & Condominium Associations?
A huge problem for HOA and condo associations over the past 5 years has been “zombie foreclosures.” That’s where a bank starts the foreclosure process on a property and the owner moves out, but then the bank doesn’t complete the foreclosure (no state law requires banks to complete foreclosure within a timeframe). We have seen properties where the bank has taken years to complete foreclosure! Because the home is unoccupied, the lot or unit falls into disrepair and the yard goes wild. While the owner is gone, the bank doesn’t yet own the property, so there is no one for … Continue reading
NC-CAI Chapter Update
As 2016 President of the NC Chapter of the Community Associations Institute, I provide an update in each issue of “Serving NC,” the state CAI Chapter newsletter. Look for the new issue, which should arrive this week. However, I wanted to provide my most recent update, which provides information on some of the Chapter’s many activities. For more details, visit the Chapter website at www.cai-nc.org. Also, mark your calendar and register ASAP for the 2016 NC-CAI Annual Conference and Expo on April 7-8 in Greensboro at the Sheraton Four Seasons. This will be a great event! Julie Adamen of HOA Manager Newsline is the keynote speaker. Learning sessions include excellent … Continue reading
Trash Pickup Changes Harmful to Homeowners in Associations
The City of Charlotte’s next fiscal year draft budget proposes to stop trash service for multifamily units. Such a move would be exceptionally unfair to owners of townhomes and condominium, who pay property taxes like other homeowners. While a Charlotte based dispute might not seem to directly impact you if you don’t live in the city, it does. Cash-strapped municipalities around the country are looking for more ways to push costs for previously provided services from the city to homeowners, often in planned communities or condominium associations. If such reductions in services become the norm in Charlotte, you can be assured they will soon appear elsewhere. Below … Continue reading
Why You Should Join & Support North Carolina’s CAI Chapter
Homeowner and condominium associations have become a major force in our state. North Carolina’s population recently passed 10 million, making it the 9th largest state. However, we are the 5th largest state in number of community associations. That equates to almost 14,000 associations with more than 2 million residents! With this growth has come an explosion of media coverage and legislative proposals concerning homeowner and condominium associations. Such changes mean the education, professional credentialing, online and printed resources, networking opportunities, and advocacy that CAI provides are more important than ever. There are four CAI membership categories Information on membership category dues and benefits can … Continue reading
Drone Wars: South Carolina Drone Laws and Your Homeowners Association and Condominium Association
As highlighted in his recent blog post, Jim Slaughter of Law Firm Carolinas., noted the explosion of drone purchasing and use. This post is designed to supplement Jim’s summary of specific drone-related laws passed in North Carolina by providing an update on specific South Carolina drone-related laws. The recent Christmas season shows that drone purchases are on the rise in South Carolina and nationwide. South Carolina law does not define what type of aircraft would constitute a drone. While most proposed rules and regulations use the terms Unmanned Aerial Vehicle (“UAV”) or Unmanned Aircraft System (“UAS”), South Carolina’s proposed legislation … Continue reading
New Year’s Resolution to Review Estate Planning
As you come upon the New Year, it is a good time to consider whether your estate is in proper order. If you had and major changes in your life, such as divorce, the death of a loved one or a move to a different state, you should review the plan you have in place. I would encourage you to review the plan you have in place every three to five years or sooner if you have had a major life change. It may be that all is in order and no changes need to be made; however, you may … Continue reading
HE/SHE JUST WON’T LEAVE…what to do if the marriage is broken and you have children?
Many times when I have met with clients in Greensboro or Charlotte the first question that is asked is “How do I get my Husband or Wife to leave the home because I need to stay there for the children?” Absent proof of “domestic violence,” what can be done? If the home is owned by both or really even just one of the parties, getting the separation to occur often times is very difficult especially if the “other” party does not want the separation or even if he or she is willing to end the marriage they simply don’t want … Continue reading
Congratulations to Our 4 State Bar Certified Family Law Specialists
Yesterday I congratulated Steve Black for receiving his Board Certification as a Legal Specialist in Real Property Law – Residential Transactions. We have also been informed by the North Carolina State Bar that three of our attorneys, Keith Black, Carole Albright, and Ashley Bennington have been named Board Certified Specialists in Family Law. “Family law” broadly includes divorce litigation; child custody, visitation and child support; equitable distribution; separation agreements; post-separation support and alimony; and family law mediation and arbitration. The NC State Bar began certifying lawyers as legal specialists in 1987. The requirements for legal specialization include being substantially involved in the practice area for at least 5 … Continue reading
Congratulations to Steve Black, Residential Real Estate Specialist
Yesterday the North Carolina State Bar announced 2015 Board Certified Legal Specialists, and my law partner Steve Black has received his specialization in Real Property Law – Residential Transactions. It’s really a big deal. The NC State Bar began certifying lawyers as legal specialists in 1987. The requirements for legal specialization include being substantially involved in the practice area for at least 5 years; a required number of continuing legal education credits in the specialty area; satisfactory peer review; and a successful score on a written 6-hour examination. There are only 7 Board Certified Residential Real Property Specialists in Charlotte and 4 in Greensboro! Our firm … Continue reading
Can an HOA Change Its Mind about Fines?
A rather unusual community association decision was issued yesterday by the North Carolina Court of Appeals. Without question, the facts are rather convoluted and not of that much interest to other associations, but there’s one takeaway worth noting. In Bilodeau v. Hickory Bluffs Community Services Association, Inc. et al., owners in a homeowners association were called to a hearing before the board pursuant to NCGS § 47F-3-107.1 for alleged violations of the declaration. The owners were fined, but during the pendency of a lawsuit about the hearing and fine a new board was elected, which immediately voted to cease imposition of … Continue reading
I think I made a mistake getting married …Getting an Annulment in North Carolina
Unfortunately there are times following a marriage that parties realize that their marriage is not going to work. When this happens within a relatively short time following the marriage, we are often asked by clients, “Can’t I just get an annulment?” In North Carolina, annulments are only granted based on limited circumstances set forth by statute. Those circumstances include: · When the parties are first cousins or closer in relation; · When one of the parties was under the age of 16 at the time of the marriage, unless there is a court order in place, the female party is … Continue reading
New Model for Discrimination Analysis in Homeowners Associations?—Recent Supreme Court Decision May Affect the Way Homeowners Associations Make Decisions
The Fair Housing Act (“FHA”) prohibits discrimination based on race, color, religion, sex, national origin, disability, or familial status. For years, homeowners association boards of directors have been mindful of the FHA’s requirements and taken care that board decisions do not discriminate against any of these protected classes. The Supreme Court of the United States recently heard and decided a case from the Fifth Circuit Court of Appeals, Texas Department of Housing & Community Affairs v. The Inclusive Communities Project, Inc. At issue in this particular case was whether a legal theory that has been applied in other discrimination contexts, … Continue reading
Sixth Community Association Bill Signed into Law: Transfer Fees Clarification
Senate Bill 119 “General Statutes Commission Technical Corrections 2015″ was ratified by the NC General Assembly on September 30, 2015 and signed by Governor McCrory last week. SB 119 becomes the sixth (and final for 2015) piece of legislation to impact community associations enacted into law this year (see First Community Association Bill Signed into Law, Second Community Association Bill Signed into Law, Third Community Association Bill Signed into Law: Landlord/Tenant Foreclosure and Eviction Changes, Fourth Community Association Bill Signed into Law: Streets & Traffic Safety Devices, and Fifth Community Association Bill Signed into Law: Increased Register of Deeds Indexing Fees). For a full list of filed HOA/condo bills, … Continue reading
Parliamentary Procedure Manuscript Wins National Community Association Award
Running a Darn Good Meeting: What You Need to Know About Parliamentary Procedure Receives 2015 CAI Law Seminar Best Manuscript Award I recently learned that my session at the 2015 Community Association Law Seminar in San Francisco on “Running a Darn Good Meeting: What You Need to Know About Parliamentary Procedure” has received the Best Manuscript Award from the College of Community Association Lawyers. Because of the Award, the manuscript has been made available online at Best Manuscript Award in case it is of interest. The national Community Association Law Seminar, sponsored by the Community Associations Institute (CAI) and the … Continue reading
Fifth Community Association Bill Signed into Law: Increased Register of Deeds Indexing Fees
Senate Bill 332 “Register of Deeds – POA Indexing Fees” (with a full title of “An Act to Enable Register of Deeds to Collect Additional Fees for Indexing Instruments that Contain Exhibits with Multiple Enterable Parties”) was ratified by the NC General Assembly on August 19, 2015, and signed by Governor McCrory this week. SB 332 becomes the fifth piece of legislation to impact community associations enacted into law this year (see First Community Association Bill Signed into Law, Second Community Association Bill Signed into Law, Third Community Association Bill Signed into Law: Landlord/Tenant Foreclosure and Eviction Changes, and Fourth Community Association Bill Signed into Law: Streets … Continue reading
Fourth Community Association Bill Signed into Law: Streets & Traffic Safety Devices
Senate Bill 581 “Study Subdivision Streets / Traffic Calming Devices” (with the full title of “An Act to Direct the Department of Transportation to Study the Process for Accepting Subdivision Streets Dedicated as Public on the State Highway System for Maintenance and to Amend the Percentage of Property Owners Needed to Approve Traffic Calming Devices in Certain Subdivisions by the North Carolina General Assembly”) was ratified by the NC General Assembly on August 10, 2015, and signed by Governor McCrory on Tuesday, August 18, 2015. SB 581 becomes the fourth piece of legislation that could impact community associations enacted into law this year … Continue reading
New Law in North Carolina Allows “Living Probate”
Living probate allows a person to file an action petitioning the court to have a Will declared valid. What makes this law new and different is that the Will is proved before the testator (the person whose will it is) dies. The purpose, of course, is to prevent a contest of the validity of a Will after the testator’s death. A judicial declaration (court order) is sought that declares that a Will is valid prior to the death of the testator. If the court declares the Will valid, this order is binding on all parties and bars actions after death … Continue reading