What to do About Director Resignations

Posted on Leave a commentPosted in Board Member, Board Members, board of directors, HOA, HOA meeting, homeowners association, Management Companies, Management Company, North Carolina HOA law

From time to time we receive questions regarding the resignation of directors, term expiration and what to do in the event of a mass resignation by the existing board.  The North Carolina Planning Community Act, Condominium Act, and the Non-Profit Corporation Act address certain issues with regards to directors’ terms […]

The North Carolina Court of Appeals Says… Not Much in its Recent HOA Cases

Posted on Leave a commentPosted in avenel, caselaw update, CCRs, community association, court of appeals, HOA, homeowners association, kimler, planned community act, radcliffe, recent decision

As homeowners’ association and commercial real estate attorneys, we typically hold our breath when the North Carolina Court of Appeals issues new opinions (“opinions” is the term it uses to refer to its case decisions). While the judges are all smart, accomplished and well-meaning former attorneys, most are former litigators […]

HOA Disputes: Consider Mediation or Arbitration Before Going to Court

Posted on Leave a commentPosted in ADR, arbitration, dispute, HOA, homeowners association, mediation

HOA disputes are not the same as regular business disputes. Sometimes conflicts escalate, but your HOA lawyer should work hard to keep you out of court if possible. Mediation/arbitration is a great option for avoiding legal debacles in HOAs like the ones described in this article: Neighbor Disputes Turn Wealthy […]

Your Homeowners Association’s Governing Documents: Please Don’t Call Them Bylaws!

Posted on Leave a commentPosted in board of directors, bylaws, community association, condominium, HOA, homeowners association, restrictive covenants, terminology

Our HOA Ninjas here at Moretz & Skufca have a little pet peeve when it comes to terminology: folks who refer to the governing documents for their community association as “the bylaws.”  So (to borrow from Shakespeare) what’s in a name?  Turns out that when it comes to homeowners association […]

No Class Certification in Case Alleging Condominium Association and Management Company Charged Excessive Fees

Posted on Leave a commentPosted in assessments, class action, condominium, HOA, homeowners association, Moretz

The North Carolina Court of Appeals recently decided a case involving several homeowners’ claims that their condominium association, through its management company, was charging excessively high fees and late charges that were not permitted by the condominium’s governing documents.  We want to point out that these were simply allegations – […]

Supreme Court Loosens Up Construction Warranty Claims

Posted on Leave a commentPosted in condominium, construction, HOA, homeowners association, Moretz, statute of repose, warranty

The North Carolina Supreme Court does not often render decisions that directly affect HOAs, but on December 19, 2014, the Court issued an opinion in Christie v. Hartley Construction that may impact your HOA, and will certainly impact many consumers and construction contractors.   In 2004, the Christies, the plaintiffs […]