With only a few exceptions (for instance, non-profit corporations), entities are required to file an Annual Report with the North Carolina Secretary of State by April 15th and to pay the accompanying fee with their submission. Some business owners may not realize this requirement, while others may be so busy attending to the day-to-day affairs of their business that they forget to do so. The process to file an Annual Report with the North Carolina Secretary of State is not difficult. Many individuals quickly handle the task themselves online or allow their accountant to do so when preparing their tax … Continue reading
Facebook Is Not Your Friend in Family Law Cases
If you are involved in any matter which may potentially be litigated, including divorce, it is the best practice not to post anything on social media. If you are separating from your spouse, keep in mind that nearly everything you post, tweet, Instagram, email and text is public and fair game in litigation. Your communications, location, relationships, purchases, and more can be easily uncovered through use of your computer or cell phone and it is highly unlikely that any information gained through social media will be protected from discovery in litigation. Further, just because you “delete” a post, text, etc., … Continue reading
Attorneys Added to Charlotte Office
I’m pleased to announce that two attorneys with a focus on real estate and HOA/condo law have joined the Charlotte office of Law Firm Carolinas. Elizabeth Holloway practices real estate law and assists individuals, developers and entities with commercial and residential negotiations, refinancing, and closings. She received her J.D. from the Capital University Law School in 2001. Elizabeth has also become quite the expert on Non-Public Private Information (NPPI) under the Consumer Financial Protection Bureau (CFPB) and regular speaks to lawyers and other professionals on the new requirements and best practices. Issues surrounding the protection of Non-Public Private Information and “personally identifiable data” … Continue reading
2015 Community Association Law Seminar Not Just for Lawyers!
A highlight for me each year is the national Community Association Law Seminar, sponsored by the Community Associations Institute (CAI) and the College of Community Association Lawyers (CCAL), which I serve as 2014 President. Hands down the Law Seminar has the best speakers and programs of all the events I attend. While there is an emphasis on law at the “Law” Seminar, the program is not just for attorneys. Attendees include community association managers, bankers, other industry professionals and even homeowners. An entire concurrent CE program is for insurance professionals who work with homeowner and condominium associations. Law Seminar Details The 2015 Community Association … Continue reading
Hot Legal Topics in HOA & Condo Community Management
On Wednesday, December 3, 2014, from 11:30 am-2 pm I’ll be speaking on “Hot Legal Topics in Community Management” at the Charlotte Lunch ‘n Learn of the NC Chapter of the Community Associations Institute. The program is at Maggiano’s Little Italy at South Park Mall (4400 Sharon Road) in Charlotte. The cost for the program is $30 for CAI members/$40 for non-members. Topics will include: If you wish to attend, please register AS SOON AS POSSIBLE at by calling CAI-NC at 919-929-9312, as you must register to attend. Sponsorships are available. Feel free to forward this information to any managers, directors, community members, or others … Continue reading
You’re Ready to File A Lawsuit … But Where Do You Begin?
Once you have decided you want or need to file a lawsuit, one of the most important decisions you must make is where to file your case. This decision will have a significant impact on the type of relief you may be able to obtain (including how much money you may recover), who hears your case, the type of alternative dispute resolution (ADR) required, and how quickly your case is likely to be resolved. In North Carolina, most civil cases are handled in one of three courts: Small Claims (a special part of District Court), District Court and Superior Court. … Continue reading
North Carolina Department of Revenue Recognition of Same Sex Marriage for Purposes of Filing Tax Returns
Although the Internal Revenue Service began recognizing same-sex marriages on August 29, 2013, the North Carolina Department of Revenue has now issued a Directive that does the same (October 24, 2014). The Directive states “Same-sex couples who are legally married under any state law by December 31, 2014 must generally file a North Carolina income tax return using the same filing status claimed on the federal income tax return. However, if one spouse is a non-resident individual and has no North Carolina taxable income of the tax year, the spouse that is a resident of North Carolina or has North … Continue reading
Must North Carolina HOA and Condominium Associations Have Workers’ Compensation Insurance?
An article from another law firm in the Charlotte Observer last week suggested that all North Carolina HOA and condominium associations must have Workers’ Compensation coverage or suffer the consequences. The article can no longer be found online, but here’s the short version: Since the article appeared, we’ve been inundated with questions from managers and associations as to whether they must rush out and purchase Worker’s Comp coverage, and if so, what product and in what amount? As you can imagine, both of these are complicated questions and could vary by association and circumstances. (For instance, only NC planned communities created after January … Continue reading
Solar Panels, HOAs, and Condominiums in North Carolina
Our modern society is always looking for opportunities to limit our footprint on the environment and to increase sustainability in a modern world. Wind, solar, and other renewable resources are common topics of conversation. As part of this push, many states have enacted laws that encourage businesses and individuals to incorporate and use these technologies as a part of our everyday lives. For those of us who live in a homeowner’s association, we may or may not have rules that either allow or prohibit installation of solar panels. The first relevant date for a homeowner’s association in North Carolina is … Continue reading
A Radio Tower in Every Yard?
Most often the Declaration of Covenants, Conditions and Restrictions (also known as the “CCR’s,” “Declaration of Condominium,” “Restrictions,” or by other names) is the highest governing document within an association. Typically, the terms of this document cannot be waived without express authority. After all, the Declaration is a binding contract among the members of the Association. Of course, language in the Declaration usually yields to express state statute or federal law. With that in mind, it is rather concerning to read House Resolution 4969 (“Amateur Radio Parity Act of 2014”) introduced last month by Congressman Adam Kinzinger (16th District, Illinois). HR 4969 would rewrite … Continue reading
Law Seminar Best Manuscript Award: Community Association Voting
Following this year’s national CAI Community Association (HOA and condo) Law Seminar, the College of Community Association Lawyers presented a “Best Manuscript Award” for the presentation with the best accompanying materials. First recipients of the Award were David Graf of Moeller Graf, P.C. in Englewood, CO and Steve Weil at Berding & Weil, LLP in Walnut Creek, CA for “Community Association Voting: Evolving Trends in Membership Elections of Directors and the Authorization of Corporate Action” (available at Law Seminar Best Manuscript). The 2015 Community Association Law Seminar will be held Wednesday, January 28 through Saturday, January 31, 2015, in San … Continue reading
Help, Our HOA (or Condo Association) Needs Money!
Community associations (HOAs and condos) can become cash-strapped for a variety of reasons—unexpected large repairs, increased utility expenses, weather related emergencies, or simply years of poor planning. Often the current board members are not the ones to blame. After all, they are simply trying to locate funds to pay necessary expenses, without which essential services such as water or electricity may be cut off. While there can be instances of financial malfeasance, most association financial crises are not the result of intentional wrongdoing. We see associations that kept assessments low for many years running headfirst into increased utility costs or unexpected expenses, at which … Continue reading
Legislative Update: Transfer of Special Declarant Rights Bill Adopted
The N.C. General Assembly is about to wrap up its two-year legislative session, so bills are flying around. In my legislative update of 2013 activity (www.lawfirmcarolinas.com/blog/nc-community-association-2013-legislative-roundup/), I noted several bills that while not adopted were still eligible for consideration in the 2014 Short Session. One of those, House Bill 330 (“Planned Community Act/Declarant Rights”) was signed into law by the Governor yesterday (Monday, July 7). HB 330, which was originally sponsored by Representatives Rob Bryan (Mecklenburg), Paul “Skip” Stam (Wake), Tom Murry (Wake), and John Szoka (Cumberland), was intended to clarify language in the Planned Community Act as to the transfer of … Continue reading
Declaration Amendments, Reasonableness & Original Intent: Wallach v. Linville Owners Association
A case issued by the North Carolina Court of Appeals today suggests there are instances when an amendment to a Declaration (also known as Covenants, Conditions and Restrictions) has to pass an “original intent” test. In Wallach v. Linville Owners Association, Inc., the original Declaration provided for reduced assessments for lots owned by builders. Several years later and after transition, the membership followed the amendment process to amend the Declaration to require equal assessments from all lots (and eliminating the reduced rate for builders). On appeal, the builders argued that such an amendment “contravenes the original intent of the Declaration.” The Court … Continue reading
Greensboro Office Expansion Complete
Exciting news—the expansion to our Greensboro office is finished and our large meeting room/training center is now open! (See photo.) Our newest conference room has a flexible arrangement and can be used for training, board meetings, videoconferencing, or even smaller membership meetings. While the standard set-up easily seats about 30 with tables, the room can be rearranged and has seating for 60. The room also is equipped with electrical plugs throughout, Wi-Fi, and an 80” widescreen TV for presentations or videoconferencing. We intend to regularly use this space for HOA/condo training and larger meetings that involve our attorneys. However, in the event you or … Continue reading
Attorney’s Fees: Hourly Rate, Flat Fee, or Contingency Fee in Family Law Cases
There are primarily three ways attorneys charge clients for legal services: hourly rates, contingency fees and flat fees. So what should you expect regarding attorneys fees if you have a family law issue? With most family law issues, attorneys bill by the hour. This is because it is difficult to estimate how long each case will take. Hourly rates vary depending upon the experience of the attorney, the average hourly rate in the area in which you live and the complexity of the case and our attorneys endeavor to ensure that clients are charged a fair fee. Generally, most attorneys … Continue reading
I Want a Divorce in North Carolina
Checklist for obtaining an simple absolute divorce North Carolina: 1. Husband and/or wife must have been a resident of North Carolina for at least six months prior to filing for divorce. 2. Husband and wife must be legally married and the date of marriage and place of marriage must be stated in the divorce complaint. 3. Husband and wife must have been physically separated from one another for more than one year prior to filing the divorce complaint. Physical separation requires living in separate residences. Living in separate parts of the same house or on separate parts of the same … Continue reading
Drafting Enforceable Restrictive Covenants
“Restrictive Covenants.” Hearing that phrase has made homeowners and their respective Boards of Directors cringe since the beginning of time. Everyone who has ever lived in a Homeowner’s Association is familiar with the idea that there are certain things you may and may not do with your property. If not, you might want to check into that. The original idea behind restrictive covenants was not some crazy person’s attempt to figure out a way to make homeowners’ lives more burdensome. Instead—as many association’s “Declaration of Covenants, Conditions, and Restrictions” lay out—the idea is to work together to increase the value … Continue reading
Criminals Need Not Apply
Employers today face a wide variety of concerns when hiring new employees. Can the business afford the costs associated with additional personnel? What job functions must the new employee satisfy? What skillsets are required? How is the newly hired individual going to interact with its customers and, just as importantly, its other employees? More and more often, employers are turning to pre-employment criminal background checks as a means of answering or managing the perceived risk associated with at least some of these questions. Seem reasonable? Perhaps, but such checks can also open the door to even greater problems and potential … Continue reading
How to Chair a Convention or Large Membership Meeting
Most of the time, I seem to be advising boards on how to run less formal meetings. That’s because the major parliamentary authorities, such as Robert’s Rules of Order Newly Revised (12th Edition) and The Standard Code of Parliamentary Procedure (“Sturgis”), recognize that boards with not more than about 12 members present can follow more relaxed procedures (and only be more formal if the circumstances require it). For examples of smaller board procedure, see Board Procedures Versus a Membership Meeting or Convention. Even so, you will occasionally encounter larger meetings—homeowner or condominium membership meetings, conventions, church meetings, shareholder meetings, membership meetings of … Continue reading