The Developer is Offering the Association (a lot of) Money to Sign a Release- Should the Board of Directors Consider Signing it?

Over the last year our firm has seen an uptick in offers to associations from the developer to pay money in exchange for signing a release. The language of releases can vary but the purpose is almost always the same – The money being offered to the association is in exchange for releasing the developer and any other named parties from any and all claims, known or unknown, that the association may have.  These claims being released will almost certainly include claims for construction defects for the association’s amenities but can also include a release for claims related to the … Continue reading

Five Factors a Court Will Likely Consider to Determine Validity and Enforceability of Amendments Recorded by Developers

The 2006 Court of Appeals case of Queens Grant II Horizontal Property Regime vs. Greenwood Development Corporation (368 S.C. 342) provides guidance for validity of amendments to the Declaration/Master Deed (Declaration) recorded by Developers/Declarants (Developer). In this case the homeowner’s association sued the Developer over the validity of an amendment it recorded to the Declaration that increased assessments. The Court upheld the amendment (except for a few units that had a special arrangement that are not relevant to this blog).  The Court used the following general analysis to determine the validity of this amendment recorded by the Declarant:  Please contact … Continue reading

Community Association Law Day 2019 – Charlotte, NC

Law Day is one of the NC Community Associations Institute’s most popular programs. Attendees include HOA/condo board members, community leaders, and community managers. Speakers include many of the best community association professionals in the state. Law Firm Carolinas attorneys will be presenting on the following topics at the 2019 Community Association Law Day on Friday, March 22: The cost is $80 for CAI-NC members, $105 for others, and includes free parking, light breakfast, lunch, and access to all speakers’ slides. Preregistration is required. The full schedule and registration info can be found at the North Carolina CAI Community Calendar page.