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 […]

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 […]

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 […]

2013 Changes to North Carolina HOA Laws

Posted on Leave a commentPosted in CCRs, common area, common element, community association, condominium, foreclosure, general assemby, HOA, homeowners association, laws, legislation, legislative, mediation

The General Assembly has made some important, and some not-so-important, changes to HOA law in its 2013 session. With the session now nearing its end, let’s review the changes that have been enacted into law. It does not appear that any other changes to HOA laws will be enacted this […]