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 […]

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 […]

What if Fred and Barney lived in your HOA?

Posted on Leave a commentPosted in CCRs, goats, Moretz, North Carolina HOA law, pets, restrictive covenants, Skufca, Zac Moretz

And what if Fred and Barney were goats? Fortunately for us, the Court of Appeals had occasion to address this burning issue recently in Steiner v. Windrow Estates HOA.                                                                                                      Mr. and Mrs. Steiner lived in Windrow Estates in southeast Mecklenburg County, and had as their beloved pets two “certified […]