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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. -
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. -
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. -
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. -
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. -
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. -
28 Feb 2020
Changed Circumstances (or not) in a Subdivision
Court of Appeals Decision Revisits Two Important Doctrines. -
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. -
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. -
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. -
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? -
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. -
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. -
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 -
10 Jun 2014
Collecting Community Association Assessments -- "It's Just Business"
Treating your collection process like a well-oiled machine encourages timely payments. -
14 Jan 2014
Pre-Litigation Mediation for Community Association Disputes
Treating your collection process like a well-oiled machine encourages timely payments.
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