In case it’s of interest, the article “Robert’s Rules of Order: An Interview” appears in the most recent NC State Bar Journal (Spring 2023). The article, by Executive Director Alice Neece Mine, covers what lawyers should know about meeting procedure, why Robert’s is still relevant today, changes in the new Robert’s, virtual and hybrid meeting procedures, common mistakes about meeting procedure, tips for keeping meetings short and productive, and more. As a reminder, both the NC Planned Community Act and NC Condominium Act require that unless otherwise provided in the bylaws, association and board meetings must “be conducted in accordance … Continue reading
Records Retention & Records Retention Policies
Recently, a question came up on a national nonprofit list serve about how long various documents should be kept by an association, such as board meeting materials. Here was my response. “Your question has both legal and political aspects. Since I don’t practice law in your state, I can’t say what specific language or practice should be used for record retention, but here are some general considerations: While a bit dated (which means I should update it!), here’s an article I wrote on “Association Documents: Keep or Toss?” that appeared in a national magazine some time ago but is mostly … Continue reading
Comparing Robert’s Rules of Order Original Versus Current Editions
Today (February 19) is the 147th anniversary of the publication of the first edition of Robert’s Rules of Order by S. C. Griggs and Company in Chicago. This photograph compares the original edition with the most recent Robert’s Rules of Order Newly Revised (12th Edition). A few differences between the original and current:
Parliamentary Lawyers Program – RECORDING
Due to the strong interest in last week’s “Author Chat,” the American College of Parliamentary Lawyers has made the recorded program available online. The free program includes a discussion of my latest books, changes in the new Robert’s Rules of Order, different parliamentary manuals (and why they are important), parliamentarians, some parliamentary history, and more. The program can be found at:ACPL Author Chat with Jim Slaughter A copy of the original announcement follows. ACPL Educational Webinar – “Author Chat with Attorney & Parliamentarian Jim Slaughter” The American College of Parliamentary Lawyers is hosting our first free educational webinar for any … Continue reading
Homeowners Association Not Responsible for Owner’s Out of Pocket Expenses
In a recent decision by the North Carolina Court of Appeals, the Court held that a condominium association was not responsible for out of pocket expenses incurred by an owner when she was forced out of her unit while repairs were made. In Gehrke v. Gates at Quail Hollow Homeowners’ Ass’n, an owner sued her condominium association for all the costs she incurred while she was forced out of her unit for repairs. To read the full case, click here. Marguerite Gehrke was a unit owner in The Gates at Quail Hollow Homeowners’ Association, Ltd. (the “Association”), in Charlotte, North … Continue reading
Pickleball Court Conversion Considerations to Avoid Placing Your Association in a Pickle
Homeowners associations are tasked with managing and overseeing the common areas of a neighborhood, which many times include recreational facilities such as tennis courts. In recent years, pickleball, a game that is a mixture of tennis, ping pong, and badminton, has grown in popularity, and residential developers are now regularly including pickleball courts as an amenity in newer neighborhoods. Some more established communities are also engaging with the trend, and are considering converting their existing tennis courts into pickleball courts. This decision to accommodate pickleball as a neighborhood amenity can be surprisingly controversial, as it can reduce the number of … Continue reading
Filing an Income Tax Return for a Deceased Person
While I am not a CPA or tax attorney, I am often confronted with tax matters in my estate planning and estate administration practice. In this blog, I will focus on filing any outstanding federal and state income tax returns for a deceased individual. As a disclaimer, this blog should not be taken to provide tax advice and is intended only as general information on the types of returns and appropriate parties to sign. Information in this blog is gathered and, in some places, quoted directly from irs.gov. Consultation with a CPA is highly encouraged before any filing decisions or … Continue reading
Filing an Income Tax Return for an Estate Vs. Filing an Estate Tax Return
While I am not a CPA or tax attorney, I am often confronted with tax matters in my estate planning and estate administration practice. In this blog, I will focus on federal income tax returns for estates (Form 1041) versus federal Estate (and Generation-Skipping Transfer) tax returns (Form 706). As a disclaimer, this blog should not be taken to provide tax advice and is intended only as general information on the types of returns. Information in this blog is gathered and, in some places, quoted directly from irs.gov. Consultation with a CPA is highly encouraged before any filing decisions or … Continue reading
Podcast on NC HOAs & Condos
If you like podcasts, NC attorney Justin Ckezepis does a program on real estate issues and hot topics called “Today’s Real Talk.” Here’s the latest program that went live this week–a discussion with me about community associations, the authority of HOAs and condos, and various issues they face, including document amendments, rental restrictions, lot violations, collection of assessments, virtual meetings/electronic voting, and more. While the segment is focused on the Carolinas, some aspects are universal. Who Can Tell You What You Can & Can’t on Your Property? Understanding HOAs
What is the Statute of Limitations and Statute of Repose for NC / SC HOAs?
Homeowners associations and condominiums frequently hire contractors to perform work within their communities. Although some work is obviously poor, it is not always apparent that a contractor’s work was defective. Where defective work is not discovered until some time later, most boards of directors want to know whether the time has passed for the association to bring suit against the contractor. When we talk about time limitations to bring suit, there are two types of statutes involved. The first is called the statute of limitations—this is the one most people are familiar with. Generally speaking, the statute of limitations is the time … Continue reading
The Purpose of Assessments: What Is an Appropriate Use of Association Funds?
We are often asked what an association can or cannot spend their money on. In fact, this blog was inspired by a request from one of our regular readers. Associations are tasked with performing various community functions based on the requirements of their particular governing documents and state statute. You will often hear us say that assessments are the “lifeblood of an association.” That is because without them the association cannot do its job. There are some obvious uses for community funds, such as paying for the maintenance of the common area, improving association property, hiring professionals such as managers, attorneys, and … Continue reading
Service Members’ Right to Interest Reduction to 6%
Under the Servicemembers Civil relief act (SCRA), the maximum interest rate that may be charged on certain VA loans is 6 percent during the period of the servicemember’s qualifying military service. Also established with the foregoing, the SCRA restricts foreclosures on obligations held or guaranteed by servicemembers, provides protections against default judgments, and permits early termination of certain leases, including motor vehicle leases. Under most circumstances, the loan holder, your loan servicer, will determine automatically whether the borrower might qualify for this interest rate limitation and apply any reduced rate. In the past several years this has not been an … Continue reading
Parliamentary Authorities: Robert’s Rules of Order vs Sturgis vs The AIP Standard Code
In my work as an attorney, Professional Registered Parliamentarian, and Certified Professional Parliamentarian-Teacher, I work with quite a few different parliamentary manuals. That’s because different organizations use different books as their procedural guide for membership and board meetings. I’m often asked about differences, so here’s a guide to the three parliamentary books most likely to be encountered. (If more information is needed, my Notes and Comments on Robert’s Rules, Fifth Edition goes into greater detail as well as compares specific practices between the books.) A “parliamentary authority” is a book on meeting procedure an organization follows because of a state … Continue reading
Reviews Are in for New Parliamentary Procedure Books!
The reviewing side of Publisher’s Weekly recently posted great reviews of my latest books, Robert’s Rules of Order Fast Track and Notes and Comments on Robert’s Rules, Fifth Edition. Each was also selected as an “Editor’s Pick,” which is described as “a book of outstanding quality.” Because the reviews are on a scrolling site (with latest reviews on top), the reviews are reprinted below. Read these and other reviews at Latest Reviews. Robert’s Rules of Order Fast Track: The Brief and Easy Guide to Parliamentary Procedure for the Modern Meeting Crisp, clear, and always on-point, Slaughter’s “fast track” guide to … Continue reading
Are Pickup Trucks “Commercial Vehicles” and Can HOAs Ban Them? Florida Pickup Man Says “No.”
In North Carolina, many Associations have covenants that prohibit “commercial vehicles” or “trucks.” In North Carolina, the top two best-selling vehicles and three of the top five vehicles in the state are pickup trucks. With the volume of pickups on North Carolina roads, and the number of truck-related covenants in place, the intersection is a common one to encounter, and the HOA is the traffic cop that is stationed at that intersection. Recently in Florida, this intersection was the subject of a dispute between an HOA and a homeowner. The homeowner purchased a 2022 Rivian R1T, which recently was named MotorTrend’s Truck of … Continue reading
What Can Members Vote on at an HOA or Condo Membership Meeting?
A question came up during a recent online discussion about “what members can do at an HOA or condo membership meeting?” Specifically, the questioner wondered if a member could seek recognition and unexpectedly make a motion to “make the association do most anything.” It’s a good question, and one we community association lawyers spend time analyzing. Hate to say, “It depends,” but facts matters. This is not a question that can be answered in a vacuum without specifics. State statutes and governing documents (usually the bylaws or articles of incorporation) vary as to what authority the membership has versus the … Continue reading
Board of Directors vs. Officers: How to Tell the Difference
What is the difference between the Board of Directors and corporate Officers? In the community association world there can be some confusion regarding these distinct corporate roles because they can often be the same individuals. However, if we take a step back we can see that they are actually very distinct roles. Here is some guidance as to North Carolina distinctions. Duties: Board members are tasked with guiding the direction of the corporation. They set the broader vision for the corporation. For example, the Board would be responsible for adopting corporate resolutions, rules and regulations, and other policies and procedures … Continue reading
Best Practices for Board Meeting Minutes
A question came up during a recent online discussion about “best practices” for board meeting minutes. The answer to questions of what should (or should not) be included in minutes is more complicated than it seems. This article will give a broad answer, but I have to mention there are chapters in both my recent books, Robert’s Rules of Order Fast Track and Notes and Comments on Robert’s Rules, Fifth Edition, on what to include (or not) in minutes, approving minutes, changing minutes after the fact, handling closed/executive session meeting minutes, as well as model minutes templates and skeletal minutes (writing minutes before … Continue reading
Social Host Liability: Avoiding an Unwanted End to the Fun
After two years of being locked down or having to utilize caution and restraint when visiting and socializing with friends and family, North and South Carolinians are, understandably, ready to again indulge in and enjoy gatherings and, in particular, the festivities and frivolity of the holiday season! Regrettably, parties, gatherings and other seasonal festivities can also create ripe opportunities for civil and, on occasion, criminal liability. To avoid an un-jolly ending to the holiday season, property owners and hosts should keep in mind the following potential issues and obligations to minimize their personal liability: Premises Liability North Carolina property owners … Continue reading
Tenants-in-Common: A Common Complaint and an Untenable Affair
With my primary areas of practice in estate planning, estates and real estate, co-owned real estate is a frequently discussed topic with clients. North Carolina recognizes three types of co-ownership in real estate. First, tenancy-by-the-entirety is a type of co-ownership in real property reserved exclusively for spouses. Tenancy-by-the-entirety has built in rights of survivorship and protections against the creditors of one spouse. Second, joint tenancy is a type of co-ownership for non-spouses with rights of survivorship which means when one co-owner dies, their share is automatically vested in the surviving owner/s. Joint tenancy in North Carolina at one time required … Continue reading