Over the past couple of years, we have seen an increasing number of old-growth trees being toppled in severe storms. Homes, cars, fences and other property have been crushed. In one recent case, just a few blocks from my home, the resident was killed. We are getting an increasing number of inquiries from our clients…
Most every declaration establishing a condominium or planned community contains a list of “use restrictions” governing how the units or lots may be used. These restrictions cover things like architectural and design standards, pets and other animals, parking and storage of motor vehicles, trailers, fences, sheds, nuisances, and standards for home maintenance and landscaping. Some…
Most managers, board member and attorneys in the community association industry have found themselves dealing with a hotly contested vote or election. Sometimes the end of voting is just the start of further challenges, with bickering over who voted, how they voted, and who really won. An effective way to document and report on voting…
Selecting a vendor for a project or professional service is one of the more important duties of the board of directors in a homeowners or condominium association. It is one of the areas where the board must exercise its best business judgment. The NC Nonprofit Corporation Act (“Nonprofit Act”) gives guidance on the duties and…
Community associations across North Carolina often face significant challenges when attempting to amend their Declaration of Covenants, Conditions, and Restrictions (declaration). While the declaration is critical for maintaining community standards, amending the document can be a complex and arduous process, particularly when relying on a vote at a formal meeting. The High Threshold for Amendment…
Retention ponds and stormwater management devices play a crucial role in protecting neighborhoods from flooding, erosion, and water pollution. In North Carolina, where heavy rains and hurricanes are common, well-maintained stormwater infrastructure is essential for safeguarding property values, environmental health, and regulatory compliance. Homeowners and condominium associations typically bear the responsibility of ensuring these systems…
The Association’s governing documents always dictate the association’s responsibilities versus the owner’sresponsibilities. Single family dwellings are easy to decipher who is responsible for what – the homeowner would need topurchase an HO-3 or HE-7 homeowners policy to insure the dwelling and the association would need toinsure shared property such as clubhouses, swimming pools, ball courts,…
Recently we have been approached by multiple associations inquiring about making their housing community one that is restricted to those residents that are 55 years of age or older. The ability and requirements for establishing or becoming a housing community for those 55 years of age or older is governed by the federal Housing for…