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 […]

Maximizing Votes at an HOA Meeting or Election

Posted on Leave a commentPosted in annual meeting, ballot, condominium, HOA meeting, homeowners association, membership meeting, proxy

Many HOAs and condominium associations have annual meetings coming up this time of year, or special meetings to amend their covenants, conditions and restrictions (“CCRs”) or bylaws. What is the best way to collect the votes your HOA needs to elect a board or get that important change to the […]

About the New Required Notice of Voluntary Prelitigation Mediation for HOA and Condominium Disputes

Posted on Leave a commentPosted in 7A-38, concord, condominium, HOA, mediation, Moretz, prelitigation, SL 2013-127

About the New Required Notice of Voluntary Prelitigation Mediation for HOA and Condominium Disputes All HOAs and condominium associations in North Carolina now have the legal duty to inform all members at least yearly that they have the right to request voluntary mediation of any dispute with the association, except […]

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 […]