Special assessments are a topic that comes up only occasionally with most single-family residential homeowners associations, but can come up more frequently with townhome associations or condominium associations, and even more often for condominiums located at the coast. That’s because buildings on the coast suffer weather-related effects that can require major, […]
You may have heard about the recent pair of cases decided by the North Carolina Court of Appeals involving the North Carolina Real Property Marketable Title Act, which is codified at NCGS Chapter 47B. The two decisions are C Investments 2, LLC v. Auger et al., and C.E. Williams III et al. v. Reardon […]
It seems like it rained most all of this past winter. It rained for 4 days straight as this post was being written, and regardless of your beliefs regarding climate change, it is a fact that we in the Carolinas have had more than our fair share of rain over […]
A client recently posed this question: “If a singular board member of an HOA incorrectly tells an owner that a requested fence installation is approved, does it bind the HOA? I recently had a board member tell an owner he was approved incorrectly.” Seems simple, right? If an architectural review […]
While this is generally a North Carolina HOA law blog, we represent many South Carolina HOAs as well, and as most of them are aware by now, the new South Carolina Homeowners Association Act was enacted on May 17th, 2018 and was the first major legislation in South Carolina to regulate […]
Although far from comprehensive, the South Carolina legislature has successfully taken its first steps to regulate homeowners’ associations. The South Carolina Homeowners Association Act (“Act”) became official on May 17, 2018 when the governor signed it into law. Up to this point, South Carolina has never had a comprehensive law […]
“If you think hiring a professional is expensive, try hiring an amateur.” – Anonymous In South Carolina, as in most states, there exist various consumer protection and licensing laws, intended to protect the public from the unauthorized practice of law (or “UPL”, as it is often referred). Of course, only […]
In this video we learn about how to solve the big question, “Who’s liable?” More great tips and tricks from the HOA Ninjas at Moretz, Karb & Gelwicks! Remember to check out our website HOANinjas.com and our blog nchoalawblog.com. Thanks for watching!
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 […]
Since many HOAs conduct their annual and/or budget meetings this time of year, we are reprinting this post from 2014 about maximizing attendance at your HOA meetings. Many HOAs and condominium associations have annual meetings coming up this time of year, or special meetings to amend their covenants, conditions and […]