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Recent Community Association Posts

  • 26 Nov 2024

    CTA Deadline for Community Associations Imminent

    Lawsuit seeking to suspend filing deadline goes against community associations, leaving December 31, 2024 deadline in place.
    Philip J. Roth Community Associations
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  • 12 Aug 2024

    Court of Appeals Rejects Short-Term Rental Amendment - Again

    Just months after rejecting an STR Amendment in another case, the Court of Appeals "doubled down" by ruling a planned community's amendment prohibiting short-term rentals was "unreasonable" and therefore void.
    Philip J. Roth Community Associations
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  • 09 Apr 2024

    Court of Appeals Rejects HOA STR Amendment Based on "Character of the Community"

    Court finds condo amendment "unreasonable" in light of language in original declaration coupled with fact that short-term renting was "commonplace" in the condominium prior to the amendment.
    Philip J. Roth Community Associations
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  • 05 Mar 2024

    Deadline for Community Association Reporting Under the Corporate Transparency Act Approaches

    The Act, which applies to most incorporated community associations, requires initial and ongoing disclosure of "beneficial ownership.
    Philip J. Roth Community Associations
    Continue Reading
  • 08 Aug 2023

    NC Shores Up Protection Afforded to Restrictive Covenants under the Marketable Title Act

    Law clarifies that the exception for restrictive covenants under the MTA covers entire Declaration -- albeit only under certain circumstances.
    Philip J. Roth Community Associations
    Continue Reading
  • 21 Sep 2021

    NC Authorizes Virtual Meetings of Community Associations

    While one will never be able to say that the pandemic has had a “silver lining,” it has at least inspired a profound ‒ and welcome ‒ change in the way community associations may hold and conduct meetings.
    Philip J. Roth Community Associations
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  • 02 Sep 2020

    Robert's Rules of Order Newly Revised is, um, Newly Revised

    This Venerated Authority on Parliamentary Procedure is Updated for the First Time in a Decade.
    Philip J. Roth Miscellaneous Community Associations
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  • 28 Feb 2020

    Changed Circumstances (or not) in a Subdivision

    Court of Appeals Decision Revisits Two Important Doctrines.
    Philip J. Roth Community Associations
    Continue Reading
  • 13 Mar 2018

    Community Association To-Dos: Carry Insurance and Conduct Routine Inspections and Maintenance

    Performing routine inspections and maintenance of common areas and certain amenities is a good idea ‒ just ask the Las Vegas homeowners association that recently got pummeled by a $20 million verdict in a personal injury action.
    Philip J. Roth Community Associations
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  • 14 Nov 2017

    Decision Sheds Light on Owners' Maintenance Obligation in a Voluntary Association; Reaffirms "Lot Combination" Rule

    Property owners held responsible for contributing to the maintenance of all of their subdivision’s common areas even though they used only a portion of the roads and were not members of the voluntary owners’ association.
    Philip J. Roth Community Associations
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  • 13 Jun 2017

    Attorney-Client Privilege and Community Associations

    It is important to understand the nature and extent of the attorney-client privilege within the context of a community association if for no other reason than to avoid unintentionally waiving it.
    Philip J. Roth Community Associations
    Continue Reading
  • 16 Feb 2017

    Retroactivity of a Community Association's Amendments to Its Covenants

    Question: if your community association passes an amendment to its covenants, is that amendment enforceable against owners who purchased their home or unit prior to the adoption of the amendment, or is it just enforceable against owners who purchase their property following the adoption of the amendment?
    Philip J. Roth Community Associations
    Continue Reading
  • 09 Mar 2016

    Community Association Leaders -- A Cautionary Tale!

    A Recent North Carolina Case Illustrates the Potential Pitfalls of Using Inappropriate Pressure to Wrest Payment of Late Dues and Assessments.
    Philip J. Roth Community Associations
    Continue Reading
  • 15 Jan 2016

    Can My HOA Do That?

    A homeowner association must act in conformity with its governing documents -- but even then its actions may not be legal.
    Lyman J. Gregory, III Community Associations
    Continue Reading
  • 15 Jul 2015

    Pending Bill Would Impose New Requirements on Subdivision Developers and Associations

    Proposed Amendment to the Planned Community Act Seeks to Hem in Developers, Raise an HOA's Record-keeping Requirements, and Liberalize an Association's Authority to Amend its Declaration
    Philip J. Roth Community Associations
    Continue Reading
  • 10 Jun 2014

    Collecting Community Association Assessments -- "It's Just Business"

    Treating your collection process like a well-oiled machine encourages timely payments.
    Philip J. Roth
    Continue Reading
  • 14 Jan 2014

    Pre-Litigation Mediation for Community Association Disputes

    Treating your collection process like a well-oiled machine encourages timely payments.
    Philip J. Roth
    Continue Reading

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Community Assn. Posts Index

  • CTA Deadline for Community Associations Imminent
  • Court of Appeals Rejects HOA STR Amendment - Again
  • Court of Appeals Rejects HOA STR Amendment Based on "Character of the Community"
  • Deadline for Community Association Reporting Under the Corporate Transparency Act Approaches
  • NC Shores Up Protection Afforded to Restrictive Covenants under the Marketable Title Act
  • NC Authorizes Virtual Meetings of Community Associations
  • Robert's Rules of Order Newly Revised is, um, Newly Revised
  • Changed Circumstances (or not) in a Subdivision
  • Community Association To-Dos: Carry Insurance and Conduct Routine Inspections and Maintenance
  • Court Sheds Light on Owners' Maintenance Obligation in Voluntary Association
  • Attorney-Client Privilege and Community Associations
  • Retroactivity of a Community Association's Amendments to Its Covenants
  • Community Association Leaders -- A Cautionary Tale!
  • Community Association Can My HOA Do That?
  • Pending Bill Would Impose New Requirements on Subdivision Developers and Associations
  • Collecting Community Association Assessments -- "It's Just Business"
  • Pre-Litigation Mediation for Community Association Disputes
  • Restricting Rentals in a Community Association
  • Homeowners Associations - Part I

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