Feeding Wild and Feral Animals in HOAs

As development continues to crowd out open space previously occupied by wild animals, North Carolina community associations find themselves increasingly close neighbors with deer, racoons, foxes, and other “wild” animals.  These animals come into yards and happily munch on gardens, landscaping and occasionally someone’s beloved cat or dog. Combine development issues, poor control of domestic animal breeding, and owners with sympathies for hungry and thirsty animals, and you are left with an association caught between reasonable controls on animals and those who want to help them. We are often asked what associations can (and should) do to regulate wild animals … Continue reading

Keeping Your Community Association Solvent in A High Inflation Economy

If you are like me, you are becoming acutely aware of rising costs in our current economic environment. While inflation appears to be cooling off a bit, it certainly is not coming down at the rate necessary for most Americans to see much of a difference. In a post COVID world, we have seen prices of food, goods, and labor soar. And while we are all hopeful for some relief from rising costs in the near future, we must prepare as best we can to live and operate in a high inflation economy. Homeowners and condominium associations are certainly not … Continue reading

SC Foreclosure Bill Passed House, Now in Senate—Potential Impacts on Your HOA

As recently reported in previous articles, the South Carolina Legislature is considering a bill that impacts the ability of community associations to collect assessments from non-paying members of their communities.  As originally drafted, the bill would have eliminated a community association’s ability to foreclose.  However, the Community Associations Institute (CAI) and its South Carolina Legislative Action Committee (SC-LAC) worked closely with members of the SC House of Representatives to propose an alternative approach to the original bill.  As a result, the proposed new law would require an additional hearing in the foreclosure process to ensure that homeowners are given ample … Continue reading

Spring Has Sprung! Is Your Community Association Ready?

Spring has sprung! Which means that community associations through North and South Carolina will begin seeing increased community traffic, amenity use (including use of playgrounds, pools, tennis and pickleball courts), and increased social events. So, is your community ready. Communities should consider the following: It is important to be ready for increased community use that the warmer weather will bring. Our North and South Carolina community association attorneys are happy to assist your community as spring rolls into the Carolinas.

South Carolina Legislature Considering Two HOA Bills

Two bills, one dealing with the foreclosure process for homeowners associations and one dealing with HAM radios, have received attention from the South Carolina House of Representatives in the past weeks and are gaining momentum. On March 26, 2024, a subcommittee hearing took place at which both bills were considered. Here is some information about each: H.4549   (Amateur Radio Antenna Protection Act). This bill has had a number of Representatives add their names to the sponsorship of the bill, which is usually a sign that the bill has positive momentum. This bill may require all HOAs (which may include … Continue reading

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.