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 […]

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 […]

HOA Disputes: Consider Mediation or Arbitration Before Going to Court

Posted on Leave a commentPosted in ADR, arbitration, dispute, HOA, homeowners association, mediation

HOA disputes are not the same as regular business disputes. Sometimes conflicts escalate, but your HOA lawyer should work hard to keep you out of court if possible. Mediation/arbitration is a great option for avoiding legal debacles in HOAs like the ones described in this article: Neighbor Disputes Turn Wealthy […]

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 – […]