Adopted meeting minutes are the official record of actions taken at a meeting. As a result, well-written minutes can be invaluable. In the event of a dispute, minutes are the best proof of whether a proposal was adopted or the exact wording of a motion. State statutes and governing documents can, but usually don’t, address what must be in meeting minutes (a few statutes regulate the minutes of governmental bodies and condos/HOA’s). Even without such guidance, if you follow Robert’s Rules of Order, you’re in luck. The current edition, Robert’s Rules of Order Newly Revised, gives excellent advice on minutes. The short version … Continue reading
HOA & Condo Collections – Significant October 1 Law Changes
Earlier this summer I posted a blog on some of the more significant changes to the assessment lien statutes in NCGS 47C-3-116 (NC Condominium Act) and 47F-3-116 (NC Planned Community Act) effective October 1 (that blog post can be found at http://www.lawfirmcarolinas.com/blog/revised-lien-for-assessments-law). Most of the substantial changes involve steps that are later in the collections process and mostly of interest to attorneys. However, two of the new requirements that take effect October 1 may fall on the association. First, the statute has added to the list of places that the 15-day attorneys’ fee letter must be mailed. (This is the letter that is sent to … Continue reading
Lien Back: A Relaxing Look at the North Carolina Mechanics Lien Law
The North Carolina Mechanics Lien Law provides more visibility to parties providing work on a construction project. Before April 1, 2013, there was no clearly defined way to determine which parties performed work on a construction project outside of asking the contractor (and taking their word for it), or finding a claim of lien and/or judgment filed at the courthouse by a subcontractor. The new law allows title insurance companies, attorneys, lenders, owners, inspectors, contractors, and subcontractors to view and track any construction projects by login to LiensNC.com. This website shows the owner/contractor of a project and will list any … Continue reading
Revised Assessment Lien Statute
Last week I posted a Q&A discussion on the new HOA/Condo Prelitigation Mediation Law. The other significant community association legislation adopted in North Carolina this year was HB 331 (“HOAs/Uniform Lien Procedure.”), which takes effect October 1, 2013. Here’s a link to the new law: http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H331v5.pdf. The changes to NCGS 47C-3-116 (NC Condominium Act) and 47F-3-116 (NC Planned Community Act) may appear to be a complete rewrite of the “Lien for Assessments” sections, but most are technical changes. That is, much of the current wording is stricken, but most everything is then put back in through revised language. There were several purposes behind … Continue reading
New Voluntary Mediation Law for HOAs and Condos
House Bill 278 concerning voluntary prelitigation mediation for disputes in community associations (HOAs and condominiums) was ratified earlier this year. In fact, the new law took effect July 1 and applies to all community association disputes (except for a few exempted ones). Since the law is already in effect, let’s look at some of the questions we’ve already received about the new NCGS § 7A-38.3F. Because circumstances vary and it’s impossible to give legal advice in a short blog, speak with us or another community association attorney if you have questions about the new law. What’s the purpose of the … Continue reading
North Carolina Repeals the Estate Tax
North Carolina recently saw sweeping changes to the tax laws. The North Carolina legislature repealed the State’s estate tax making it retroactive to July 1, 2013. The timing is key for wealthy families with deaths in the family since the beginning of the year. Those that had deaths in the family in 2013 expecting to pay a North Carolina Estate Tax received great news and substantial savings with this retroactive change. The lack of an estate tax will be beneficial to North Carolina, encouraging people to stay put or move to North Carolina from other less tax friendly states. Many … Continue reading
North Carolina Community Association 2013 Legislative Roundup
2013 North Carolina Bills Impacting Community Associations (Homeowner and Condominium Associations) The General Assembly adjourned for this year on Friday (July 26). While North Carolina actually has two-year sessions (2012-2013), it is unlikely that any special sessions this fall will take up HOA/condo issues prior to next year. As a result, now seems a good time to re-cap the bills introduced in 2012 that would in some way impact homeowner or condominium associations in North Carolina. Some are big, and some small—I’ve tried to list them all. (See also NC 2013 Community Association Legislative Update.) The order of listing below warrants explanation. The top … Continue reading
The Filibuster and Robert’s Rules of Order
The term filibuster has burst back into the public consciousness due to several high profile political happenings. Senate Majority Leader Harry Reid has threatened a “nuclear option” in the United States Senate to prohibit filibusters of certain presidential nominees. And recently in Texas, state Senator Wendy Davis used a 13 hour filibuster to defeat an abortion bill by speaking until the legislative clock ran out. Many news reports on these two events have mentioned the filibuster in the context of parliamentary procedure and the parliamentary manual, Robert’s Rules of Order. Twitter even reported that during Senator Davis’ filibuster the phrase … Continue reading
Free Parliamentary Motions Guide to the Current Robert’s Rules of Order
The latest Robert’s Rules of Order is Robert’s Rules of Order Newly Revised (11th Edition)[now the 12th Edition published in 2020]. Each new edition brings changes to procedure (the 11th Edition lists 120). If you go hunting in Robert’s, you’ll find more than 80 different motions, but that’s more motions than you’ll likely need in a lifetime of meetings. Robert’s Rules of Order permits small boards to operate quite informally. Even large membership meetings can survive on fewer than about a dozen motions. Click the following motions guide for a Roberts Rules of Order PDF. Visit www.jimslaughter.com for other charts and motions guide to Robert’s Rules … Continue reading
Finding the Right Robert’s Rules of Order
At several recent association meetings I’ve seen members using the wrong Robert’s Rules of Order (that is, books that look like Robert’s, but aren’t). Does which version of Robert’s Rules is used make a difference? Absolutely! Many organizations dictate in their governing documents that a particular parliamentary book will be followed when transacting business. State statutes often require corporations, nonprofits, or government bodies to follow specific rules or even Robert’s Rules. For instance, both the N.C. Planned Community Act and the N.C. Condominium Act provide that community association membership and board meetings must be conducted according to “the most recent edition of Robert’s … Continue reading
NC 2013 Community Association Legislative Update – May 17
It’s been a busy legislative week! Yesterday (Thursday, May 16) was this session’s “crossover deadline.” That’s the day non-budget bills must have passed either the House or the Senate or are dead for the session. (CAVEAT: “Dead” legislatively doesn’t always mean “completely dead.” As a News & Observer article recently noted: “[Legislative] rules are made to be circumvented, so there are many ways to keep legislation alive.” Also, bills that spend or take in money are not usually subject to crossover deadlines.) Generally, though, if a non-budget bill hasn’t passed one chamber by the deadline, it’s done for the two-year session (through the … Continue reading
Bragging on Friends
As a Board of Governors member of CAI’s College of Community Association Lawyers (CCAL), I have to brag on a few friends and CCAL members. The Community Associations Institute recently held its 2013 Annual Conference and Exposition in San Diego. At that conference, three CCAL members received three of CAI’s highest recognitions. With all due respect for other award winners, I want to talk about three for a moment: There is an impression in the legal world these days that lawyers do less outside of simply working on clients’ files. These three and their recognitions prove that trend wrong! So, congratulations to Pia, Don, and … Continue reading
Happy Birthday, General Henry Martyn Robert!
Today (May 2) is the 176th birthday of the author of the original Robert’s Rules of Order, Henry Martyn Robert. He was born May 2, 1837, in Robertville, South Carolina. Henry Martyn Robert and Roberts Rules of Order History The current edition of the book, Robert’s Rules of Order Newly Revised (11th Edition)[now the 12th Edition released in 2020], would be hardly recognizable to Robert. His 1876 Pocket Manual of Rules of Order for Deliberative Assemblies was 176 pages long. Robert’s vision was to create a “very brief pocket manual, so cheap that every member of a church or society … Continue reading
NC 2013 Community Association Legislative Update
With about half of this year’s portion of the 2013-2014 North Carolina Legislative Session over, now seems a good time to review some of the community association related bills introduced so far. Most of the following have only been filed and received little discussion, so it’s hard to know where things may head. Also, things in the General Assembly can be hectic, so I hope everything is accurate (a link is attached at the end of each paragraph to take you to details on any specific bill). Proposed NC Community Association Bills If adopted, the bills listed below would in … Continue reading
Defenses in Foreclosure Hearings
If you have failed to make payments on a residential or commercial mortgage, then the mortgage company can ask the trustee under the deed of trust to foreclose on the property. The trustee is the neutral intermediary set by the deed of trust who brings a foreclosure proceeding if payments owed according to the note and deed of trust are in default. In a foreclosure proceeding, a hearing will be held before the clerk of the superior court of the county where the property is located, and the trustee at that hearing will request the clerk enter an order allowing … Continue reading
When is a Limited Driving Privilege not a Privilege to Drive?
When a person finally reaches the age that he/she is qualified to receive a Driver’s License from the State of North Carolina he or she sees the opportunity for freedom from parental control and interference…at least that is what my children envisioned. I, as the parent, despite the dangers of driving enjoyed the freedom from car pools, endless trips to school, doctors’ appointments, tutoring lessons and sports practices. However a License is just a privilege to drive and is subject to revocation by the Department of Motor Vehicles under a variety of statutes, rules and regulations. Recently, I represented a … Continue reading
Swimming Pools and Handicapped Accessibility – A North Carolina Twist
A previous blog discussed “Swimming Pools, the ADA, and Handicapped Accessibility.” The middle of winter may seem like a strange time to discuss pools, but there have been North Carolina developments worth sharing. Changes to the ADA (Americans with Disabilities Act) for public pool facilities were issued in 2010 to be effective March 15, 2012, with the intent that public pools be more handicapped accessible. In May 2012, the Justice Department extended the compliance deadline for existing public pools to January 31, 2013 “to provide additional time for compliance and to respond to concerns and misunderstandings about the standards.” Generally, … Continue reading
Facebook: For Friendly Eyes Only?
Just how private is your Facebook account? Is limiting your privacy settings enough to keep your Facebook status updates, messages, pictures and other activity from the eyes of an opposing party in a civil or criminal case? You may be surprised to learn that the answer is likely “No.” When you activated your Facebook account, you may have adjusted your privacy settings to limit access to your content to only specific “friends.” You may or may not have read the company’s disclosures regarding the content and use of your account information. Facebook takes the position that it is covered by … Continue reading
FHA Guidelines & Condominium Rental Restrictions
For those of you who work with condominiums, you know how important FHA approval can be. Without such approval, purchasers can have difficulty obtaining financing for purchasing a condo. (After all, FHA-insured mortgages are between 30 and 40 percent of all condominium mortgages, and FHA insurance is typically required on mortgages where there is less than a 20 percent down payment.) FHA approval requirements have long been in flux. However, in 2011 and again in 2012, the FHA formalized many of the requirements. At a minimum under the guidelines, to be eligible for FHA financing a condominium must: A great … Continue reading
Safety and Security Issues in Condo and Homeowner Associations
Several of our attorneys have just returned from Tucson, AZ, and the annual community association Law Seminar. This program, presented by the College of Community Association Lawyers and the Community Associations Institute, gets better every year. There were many excellent sessions, including discussions of condominium water/leak issues, changes to the FDCPA (Fair Debt Collection Practices Act), adequate reserves and reserve studies, smoking bans, and more. One of our attorneys’ goals each year is to return with several “nuggets” of useful information to benefit clients. One especially intriguing session was on “Safety and Security Issues” in community associations, particularly in the … Continue reading