Have a condo or HOA association question you’d like to ask a lawyer? The North Carolina Chapter of the Community Associations Institute (CAI) is hosting an “Ask an Attorney Night: Your HOA & Condo Questions Answered” on Tuesday, April 22, 2014, from 5-7:30 pm at the Sheraton Greensboro-Koury Convention Center in Greensboro, NC. Topics could include: But it really depends on what questions are asked! Details are in the attached CAI-Ask-An-Attorney flyer. Everyone is invited—homeowners, board members, community managers, or anyone interested in HOA’s and condos, but registration is required. The cost is $25 for members and $35 for non-members. For more information on … Continue reading
Buy a Book and Support the National Association of Parliamentarians!
Prior to having two books published last year, I hadn’t given much attention to the bookselling world. Sometimes I’d buy a book from the National Association of Parliamentarians (NAP) at the Biennial Convention or National Training Conference. Or from Barnes & Noble if I happened to be there. Or from Amazon if there was free shipping. Book purchases were really about convenience, since all the books seemed to cost generally the same. In fact, when you think about it, why would an organization like NAP go to the trouble to maintain an online bookstore? For one, NAP publishes original works related to parliamentary procedure … Continue reading
Support CAI — Buy a Book!
Prior to having two books published last year, I hadn’t given much attention to the bookselling world. Sometimes I’d buy a book from the Community Associations Institute (CAI) bookstore at the Annual Conference or Law Seminar. Or I might purchase a book from the National Association of Parliamentarians on meeting procedure. Or from Barnes & Noble if I happened to be there. Or from Amazon if there was free shipping. Book purchases were really about convenience, since all the books seemed to cost generally the same. In fact, when you think about it, why would any organization like CAI go to the trouble to maintain … Continue reading
HOAs and Condos Protecting Children or Violating Federal Fair Housing Act?
Families with children under the age of eighteen are a protected class under the Federal Fair Housing Act and an alarming number of community associations are unintentionally violating federal law with rules, regulations, policies and practices. Swimming pool rules requiring a parent or guardian to be present at the pool with young children would seem to be the responsible thing to do, but be careful! One Court has held that a rule requiring a “parent or guardian” to be present was discriminatory because a slightly older child may be adequate. Remember adult swim time at the pool? Adult swim time … Continue reading
Unanimous Consent: Good Presiding Officers Use It!
Sure, you can use formal procedure to handle routine, noncontroversial matters in board and membership meetings. But why would you? Let’s look at a typical meeting example: Chair: Is there a motion to approve the minutes?[uncomfortable silence, finally followed by]Member: I move to approve the minutes.Chair: Is there a second?[uncomfortable silence, finally followed by]Member: Second! Chair: It is moved and seconded to approve the minutes. Is there any discussion?[no, there isn’t]Chair: The question is on the motion to approve the minutes. Those in favor of approving the minutes, say ‘aye.’ . . . Those opposed, say ‘no.’ The minutes are approved.[FYI, everyone … Continue reading
Are you really sure you want to do this? — 8 questions for you and your attorney before you start a lawsuit
Here’s something I’ve learned after almost 20 years of being a lawyer—most people shouldn’t sue even if they have a good case. Why not? Because a lawsuit will usually take more time, money, effort, and aggravation than you expected, and result in a smaller recovery than you hoped–and that’s if you win! Here are eight questions you should think about before you head off to the courthouse to file a complaint. 1. Why do you want to sue? Be honest with yourself; what’s motivating you to sue? Is it for strictly business reasons? If so, then you shouldn’t sue unless … Continue reading
Updated North Carolina Planned Community Act (47F) for HOAs and North Carolina Condominium Act (47C) Statutes
The 2013 North Carolina General Assembly adopted several significant amendments that impact owners in homeowner associations and condominium associations. For more details, see these past blog posts (THE LINKS HAVE BEEN UPDATED TO KEEP CURRENT): HOA & Condo Collections – Significant October 1 Law Changes Revised Assessment Lien Statute New Voluntary Prelitigation Mediation Law All of these new statutes are now in effect. Interestingly, these changes can be hard to track down. Even the online statutes at the North Carolina General Assembly Website do not have the current language. As a result, if you need the current language of the … Continue reading
Slaughter Elected 2014 President of CCAL
For Immediate Release From the Community Associations Institute12/12/2013 – Falls Church , VA Jim Slaughter, a partner in the North Carolina law firm of Law Firm Carolinas, has been elected president of CAI’s prestigious College of Community Association Lawyers (CCAL). He will assume office January 1, just prior to CAI’s 35th Annual Community Association Law Seminar in Las Vegas. “Serving as president is a great honor given the respect I have for CCAL and its members,” said Slaughter. “In addition to being premiere community association lawyers, our members generously share their knowledge and expertise through articles, books and programs for … Continue reading
Association Attorneys (And Others) Should Attend the 2014 Community Association Law Seminar
Each year about this time I like to share information on the excellent national Community Association Law Seminar, sponsored by the Community Associations Institute (CAI) and the College of Community Association Lawyers (CCAL). The 2014 program will run from Thursday, January 23 through Saturday, January 25 in Las Vegas, NV. This Law Seminar is the 35th annual, and the speakers and programs are always outstanding. The faculty includes many of the best homeowner and condominium attorneys in the country. This year’s program will include the popular case law update as well as over 20 separate sessions dealing with different aspects of community association … Continue reading
How Is Child Support Calculated in North Carolina?
In North Carolina, there are presumptive guidelines, i.e. a formula, for calculating child support in the majority of child support cases. So what information do you need to calculate how much child support you may receive from the other parent or pay to the other parent in the event of separation or divorce? Here is the required information: Both parents’ average monthly gross income; Any work-related child care expenses; The cost of the child(ren)’s health insurance premium; and Any “extraordinary” expenses such as private school for a child with special needs. In addition to these expenses, you also need … Continue reading
Notes and Comments on Robert’s Rules Receives 2013 Phifer Award
Notes and Comments on Robert’s Rules of Order, Fourth Edition [now Notes and Comments on Robert’s Rules, Fifth Edition, updated for the 2020 Robert’s] has received the 2013 Phifer Award from the Commission on American Parliamentary Practice (CAPP), an affiliate of the National Communication Association (NCA). The Award recognizes distinguished scholarship in parliamentary procedure and was presented to authors Jon Ericson, Gaut Ragsdale and Jim Slaughter at NCA’s recent 99th annual convention in Washington, DC. The Phifer Award is named for the late Gregg Phifer, a longtime professor of communication and instructor of parliamentary procedure at Florida State University. “While … Continue reading
What to Do About Speeding Cars on Community Association Roads in North Carolina
We’ve gotten many more calls recently from homeowner and condominium association clients dealing with speeding vehicles on community association roads. Perhaps people are speeding more, or it may simply be that associations have gotten fed up with the problem. Whatever the case, the options in North Carolina can at times be limited. In some states, statutes clearly provide what an association can (or cannot) do on its own or even public roads in the association. Without such clear statutes, in North Carolina the issue often comes down to the status of the roads, the governing documents, and specific circumstances. Community Association Speeding Options … Continue reading
Elder Financial Abuse in North Carolina
North Carolina law protects disabled adults of any age from abuse, neglect and exploitation. The law states that “any person having reasonable cause to believe that a disabled adult is in need of protective services shall report such information.” Different types of abuse include physical or mental abuse, neglect, or financial exploitation. Financial exploitation includes the illegal or improper use of a disabled or impaired adult’s resources for another person’s profit or advantage. It is this last type of abuse that we concern ourselves with here. While we often encourage clients to consider executing a Durable Power of Attorney, it … Continue reading
What Happens if You Lose Quorum During a Meeting?
My last blog concerned “What Happens if You Don’t Have Quorum at the Start of a Meeting?” A related question is, “What happens if you start the meeting with a quorum, but lose it during the meeting?” While the issue of quorum at the beginning of a meeting can be complicated, the issue of vanishing quorum can get downright confusing. That’s because you can end at a different result depending your type of organization (nonprofit corporation, membership meeting, board, shareholder meeting, governmental body, HOA, condo association, etc.) and location (different states have different statutes). What is the Significance of Meeting Quorum ? Under common … Continue reading
What Does “Best Interest of the Child” Mean in a Child Custody Action?
What does “BEST INTEREST OF THE CHILD” really mean? For many lawyers this is the catch phrase that we tell our new clients when we are asked the following question: “How does a Judge decide where my child will live?” It is a phrase that seems simple yet like an onion when it is peeled back it reveals many layers that are neither set in concrete or consistent in weight. I explain to me clients that a Judge will be concerned about a number of different factors and they are as follows, in no particular order of importance and by … Continue reading
Residential Evictions: Taking Back Your Leased Property . . .The Right Way [UPDATED]
[This blog replaces a previous post from September 2013, due to several changes to the North Carolina summary ejectment statutes effective October 1, 2013.] You are a landlord and you enter into a residential lease agreement with a seemingly good tenant. Everything is going along fine until . . . the tenant stops paying rent, or the tenant fails to leave when the term of the lease expires, or the tenant breaches the lease agreement in some other way. How do you get your property back and get the tenant out? Can you simply change the locks? NO! North Carolina has a very … Continue reading
New Elective Share Changes in 2013
Effective October 1, 2013, the Elective Share rules for persons who die domiciled in North Carolina have been simplified and changed. Although the rules are now easier to understand, they may have a dramatic change on married couples property rights in North Carolina. The “Elective Share” is the amount that a deceased person’s surviving spouse can elect to receive from the decedent’s estate if the decedent left them a lesser share (or nothing at all) in his or her Will. This Elective Share allows the spouse to disregard the deceased spouse’s Will to the extent allowed under the law. Under … Continue reading
What Happens if You Don’t Have Quorum at the Beginning of a Meeting?
Quorum is the minimum number of members who must be present at a meeting to transact business. The requirement protects the organization by preventing a very small number of members from taking action on behalf of the entire organization. While there are some exceptions (see below), no motions or votes should occur unless there is a quorum. What Is the Right Quorum? Quorum can be an absolute number (“five members of the board”) or a percentage (“20 percent of the votes in the condominium”) and is usually established in the governing documents, such as the constitution or bylaws. However, quorum is … Continue reading
Should Annual Meetings Approve Minutes?
Like board meetings, an annual meeting of a nonprofit, condominium association, or homeowner association should keep accurate minutes. After all, adopted minutes are the official record of actions taken at a meeting. Well-written minutes may be the best proof of whether a proposal was adopted or the exact wording of a motion, possibly even years later. (See “A Minute on Meeting Minutes” for tips on best practices.) Who Approves Annual Meeting Minutes? But who should vote to approve annual meeting minutes? It’s not uncommon for such membership meetings to take up the minutes as an early item of business at the following annual meeting. But … Continue reading
Top 10 Do’s and Don’ts if You Are Considering Separation or Divorce
Do get advice from an experienced family law attorney in your area. Ask your family, friends, colleagues for their recommendations because issues involving separation and divorce are complex and good advice from an attorney you trust is critical. Don’t move out of the marital residence before getting advice from an attorney unless there is violence in the home or other safety concerns that warrant moving from the residence. Don’t sign any agreements or court orders without the advice of an attorney. Don’t discuss affairs or relationships with third parties with your spouse or anyone else other than your attorney. Do … Continue reading