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 […]

Failure to Hold Formal Board Votes Dooms Two Charlotte HOAs

Posted on Leave a commentPosted in board of directors, bylaws, community association, HOA meeting, legislation

There are times in the practice of homeowners’ association law when courts make rulings with which we as attorneys disagree but where an underlying principle or best practice is affirmed.  A prime example is the N.C. Court of Appeals’ opinion of November 1, 2016 in the case of Willowmere Community […]

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 […]