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Madeline Lipe Williams Joins Communities In Schools of Cape Fear Board of Young Professionals

May 14, 2026

Attorney Madeline Lipe Williams has joined the Board of Young Professionals (BYP) of Communities In Schools of Cape Fear, adding her voice to a…
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North Carolina Legislative Update: Three New Bills That Could Impact HOAs

May 12, 2026

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Written By Adam M. Beaudoin and Madeline Lipe Williams and Marley H. Peterson
The 2026 short session of the North Carolina General Assembly has produced a flurry of legislative activity involving community associations (“HOAs”). Three recently filed…
Firm News

Adam Beaudoin to Present at CAI-NC Charlotte Spring Education + Networking Event

April 27, 2026

Artificial intelligence is changing how community associations operate, and on May 7, Ward and Smith community associations attorney Adam Beaudoin will break down what…
Firm News

Madeline Williams to Speak at CAI-Wilmington Spring Education + Networking Event

April 14, 2026

Community associations attorney Madeline Williams will present at the upcoming Wilmington Spring Education + Networking Event hosted by the Community Associations Institute North Carolina…
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Adam Beaudoin Named Co-Chairman of 2027 CAI Law Seminar Planning Committee

March 12, 2026

Ward and Smith is proud to announce that attorney Adam Beaudoin has been asked to serve as Co-Chairman of the planning committee for the…
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Adam Beaudoin and Hunter Cornelius to Speak at 2026 Community Association Law Day Symposium

March 5, 2026

Attorneys Adam Beaudoin and Hunter Cornelius are among the featured speakers at the 2026 Community Association Law Day Symposium, hosted by the North Carolina…
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Don’t Paste the Attorney’s Letter Into ChatGPT: What HOA Boards and Managers Need to Know About AI and Legal Privilege

March 4, 2026

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Written By Adam M. Beaudoin and Angela P. Doughty, CIPP/US, AIGP, FIP
A federal court just ruled that conversations with public AI chatbots are not protected by attorney-client privilege. For HOA Boards and community managers, that…
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What the Government Shutdown Revealed about the Vulnerabilities of the National Flood Insurance Program

March 3, 2026

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Written By Amy H. Wooten and Allen N. Trask, III
Last year’s federal government shutdown spotlighted a critical vulnerability to the availability of the National Flood Insurance Program (“NFIP”) and the ripple effects for…
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Community Association Reserve Funds in North Carolina: A Practical Overview

February 20, 2026

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Written By Samuel B. Franck and Emily B. Sullivan
Properly managing reserve funds is one of the most important – and most misunderstood – responsibilities of a North Carolina homeowners’ association (“HOA”) or…
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Madeline Williams Named Vice Chair of CAI–NC Legislative Action Committee

January 28, 2026

Ward and Smith is pleased to announce that Madeline Williams has been named Vice Chair of the Legislative Action Committee for the Community Associations…
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We Want Our Neighborhood Back: A North Carolina HOA’s Guide to Regulating Airbnb-Style Activity

January 27, 2026

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Written By Hunter D. Cornelius and Madeline Lipe Williams
Lively weekend crowds, overloaded parking areas, and unfamiliar visitors coming and going—these are some of the most common concerns in communities experiencing an influx…
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Ward and Smith’s Top 10 Most Popular Articles of 2025

December 19, 2025

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Written By Madeline Lipe Williams and John “Jack” F. Presson
As we reflect on 2025, it’s time to highlight the articles that have most resonated with readers throughout the year. Ward and Smith attorneys…
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Contract Smarter, Not Harder: Best Practices for Entering into and Managing HOA Vendor Agreements

November 7, 2025

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Written By Adam M. Beaudoin and Emily B. Sullivan
In general, Homeowners’ Associations (HOAs) in North Carolina are responsible for managing, maintaining, repairing, and replacing common areas, as well as upholding community standards…
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Transparency in Homeowners Associations in North Carolina: The Good, the Bad, and the Risky

June 24, 2025

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Written By Alexander C. Dale
Community and homeowners’ association managers and board members often walk a fine line when it comes to transparency. While openness fosters trust among members,…
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Risky Business: What Lawyers Who Fight Insurance Companies Want You to Know About Your Business Insurance Portfolio

June 17, 2025

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Written By Allen N. Trask, III and Amy H. Wooten
We are attorneys and don’t sell or broker insurance. Yet, we’re writing to alert business owners of a direct threat posed by a “set…
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Cyber Liability Insurance: Is It Worth It?

June 3, 2025

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Written By Mayukh Sircar, CIPP/US and Amy H. Wooten
Cybersecurity incidents and cybercrime are on the rise in every sector of industry and against businesses and organizations of all sizes. In connection with…
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How to Handle Pet Disputes in Community Associations

May 27, 2025

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Written By Adam M. Beaudoin and Hunter D. Cornelius
Earlier this year, in Red Rover, Red Rover, Come on Over? Understanding Pet Policies in Community Associations, we discussed the various types of pet…
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Understanding Community Association Authority: Regulating Parking on Community Streets in North Carolina

May 2, 2025

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Written By Hunter D. Cornelius and Madeline Lipe Williams
As a community association manager or board member, few issues generate more headaches than parking regulations. When residents call to complain about their neighbor’s…
Firm News

Adam Beaudoin to Speak at 2025 CAI Annual Conference in Orlando

April 25, 2025

Community associations attorney Adam Beaudoin will be heading to Orlando this May to speak at the 2025 Community Associations Institute (CAI) Annual Conference &…
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Basic but Important Considerations for Corporations—Both For-Profit and Non-Profit: Understanding Director and Officer Liability Insurance

April 4, 2025

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Written By Gavin B. Parsons and Amy H. Wooten
Insurance commonly referred to in the insurance industry as “directors and officers” or “D&O” insurance is insurance that is payable to directors and officers…
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Privacy and Data Security in Community Associations: Navigating Risks and Compliance

March 28, 2025

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Written By Hannah M. Daigle and Mayukh Sircar, CIPP/US
Privacy and data security laws govern how organizations collect, handle, and protect personally identifiable information (PII) to ensure it is properly processed and protected.…
Firm News

Madeline Williams to Speak at CAI-NC’s Wilmington Spring Education + Networking Event

March 28, 2025

Community associations attorney Madeline Williams will speak at the upcoming Wilmington Spring Education + Networking Event hosted by the Community Associations Institute of North…
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Maintaining Harmony: Best Practices for Enforcing Community Rules and Covenants

March 14, 2025

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Written By Madeline Lipe Williams
One of the most important roles a community association serves is garnering resident compliance for both community rules and declarations of covenants, conditions and…
Firm News

Ward and Smith Attorneys to Speak at 2025 CAI-NC Law Day

March 12, 2025

Ward and Smith is proud to announce that four of our attorneys—Adam Beaudoin, Alex Dale, Hunter Cornelius, and Madeline Williams—will be sharing their expertise…
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Corporate Transparency Act Enforcement Suspended Once Again!

March 11, 2025

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Written By Adam M. Beaudoin and Matthew A. Jones
On March 2, 2025, the U.S. Treasury Department announced it would not enforce any penalties or fines associated with the Beneficial Ownership Information (“BOI”)…
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Corporate Transparency Act Enforceable Again

February 21, 2025

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Written By Adam M. Beaudoin and Matthew A. Jones
On February 18, 2025, the U.S. District Court for the Eastern District of Texas in Smith, et al. v. U.S. Department of the Treasury, et…
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Red Rover, Red Rover, Come on Over? Understanding Pet Policies in Community Associations

February 4, 2025

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Written By Adam M. Beaudoin and Hunter D. Cornelius
Many community associations have restrictions that limit and/or prohibit pets. In general, as long as such restrictions are drafted clearly, the North Carolina Courts…
Firm News

From Planning to Presenting: Adam Beaudoin’s 2025 Community Association Law Seminar Involvement

January 16, 2025

Attorney Adam Beaudoin is set to make a major impact at the 2025 Community Association Law Seminar, hosted by the College of Community Association…
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Corporate Transparency Act Update: Filing Requirements Reinstated

December 26, 2024

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Written By Adam M. Beaudoin and Matthew A. Jones
Editor’s Note: This article has been revised to include the latest updates regarding the Corporate Transparency Act (CTA). On December 26, 2024, the Fifth…
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Community Associations Legislative Update: 2023 – 2024 Legislative Session

December 19, 2024

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Written By Adam M. Beaudoin and Madeline Lipe Williams
The North Carolina General Assembly finally concluded an extremely busy 2023-2024 legislative session on December 13, 2024. Several bills introduced during this session had…
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Some, But Not All: How the North Carolina Planned Community Act affects Pre-1999 Planned Communities

December 10, 2024

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Written By Justin M. Lewis
In 1999, the North Carolina General Assembly enacted the North Carolina Planned Community Act (“Act”) as Chapter 47F of the North Carolina General Statutes. …
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What’s in a Name Anyway? Trademark Basics for Community Associations

December 6, 2024

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Written By Erica B. E. Rogers
This article explores the essentials of trademark rights, their relevance for community associations, and the balance between protecting these trademarks versus respecting the free…
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Legal Pause: Preliminary Injunction on Corporate Transparency Act Enforcement

December 4, 2024

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Written By Adam M. Beaudoin and Matthew A. Jones
On December 3, 2024, in the matter of Texas Top Cop Shop, Inc., et al. v. Garland, et al., the U. S. District Court…
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Your Neighbor’s Water Caused Damage to Your Property: Who Bears Legal Responsibility?

November 4, 2024

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Written By William S. Durr and Allen N. Trask, III and Amy H. Wooten
Over the last several years, the frequency and intensity of rain and other natural disaster events have increasingly impacted both business and individual property…
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Who Is Responsible for That Fallen Tree?

October 22, 2024

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Written By Justin M. Lewis and Emily B. Sullivan
Many of us are dealing with damage caused by fallen trees in the aftermath of Hurricane Helene. In planned communities, the question of responsibility…
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Navigating the Aftermath of Hurricane Helene in Western North Carolina

October 9, 2024

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Written By Michael J. Parrish and Allen N. Trask, III
  We have compiled a series of past articles designed to help you navigate the aftermath of Hurricane Helene more effectively. From understanding insurance…
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Political Season is Upon Us: Guidance for Navigating Political Sign Display in Community Associations

October 4, 2024

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Written By Adam M. Beaudoin and Hunter D. Cornelius
With federal and state elections less than forty-five days away, political signs are popping up in yards everywhere.  Many community associations have restrictions in…
Firm News

Our September Focus: The Power of Preparedness

September 23, 2024

September is all about “The Power of Preparedness.” All month long, we’re focusing on the importance of being proactive and prepared in various aspects…
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Amending Your Planned Community’s Declaration

September 17, 2024

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Written By Justin M. Lewis
The most common question community associations in planned communities (i.e., single, family homes) pose is, “How can we amend our declaration?”   Of course, this…
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What! My Flood Policy Doesn’t Cover Flood Damage?! This, and Other Pitfalls of NFIP Flood Insurance Policies

September 6, 2024

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Written By Michael J. Parrish and Amy H. Wooten
Congress created the National Flood Insurance Program (the “NFIP”) to help make flood insurance more affordable in areas prone to flood damage.  FEMA oversees…
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Recent Case Law Does Not Doom All Rental Restriction Amendments

August 22, 2024

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Written By Alexander C. Dale
The North Carolina Court of Appeals recently released two cases that raise the question of whether a covenant amendment containing rental restrictions may be…
Firm News

3 Ward and Smith Attorneys to Speak at 2024 CAI-NC Annual Conference & Expo

August 19, 2024

Get ready for an engaging and informative experience at the 2024 Community Associations Institute of North Carolina (CAI-NC) Annual Conference & Expo! This year,…
Firm News

67 Ward and Smith Attorneys Recognized by Best Lawyers® in America for 2025

August 15, 2024

  Ward and Smith is pleased to announce that 67 attorneys have been recognized by Best Lawyers®. Fifty-four attorneys were chosen for inclusion in…
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A Few Things You Should Know in Case of Windstorm Damage to Your Home or Building

August 7, 2024

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Written By Michael J. Parrish and Amy H. Wooten
North Carolinians are on high alert, tracking weather patterns and prepping their homes and other structures for potential storms. Many know the importance of…
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I Still Have Not Found What I Am Looking For: Finding the Right Records

July 26, 2024

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Written By Adam M. Beaudoin and Matthew A. Jones
Although a nonprofit corporation does not have to file an annual report, its members do have statutory inspection rights similar to those of the…
Firm News

Our July Focus: Legal Rights, Responsibilies, and Regulations

July 26, 2024

The July theme of Legal Rights, Responsibilities, and Regulations promotes awareness of legal rights, ethical responsibilities, and the regulations that govern our businesses. Defamation…
Firm News

Ward and Smith Welcomes New Community Associations Attorney Hunter Cornelius

July 10, 2024

Ward and Smith is pleased to announce the addition of Hunter Cornelius to its Raleigh office.  Hunter joins the firm as a community association…
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Defamation 101 for Community Associations

July 5, 2024

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Written By Hannah M. Daigle and Allen N. Trask, III
It is no secret that community associations and boards are subject to frequent scrutiny. Such scrutiny comes in many forms, including statements targeted at…
Firm News

Our May Focus: Working Through Difficult Times

May 31, 2024

  The May theme, “Working Through Difficult Times,” revolves around acknowledging and addressing the challenges individuals and businesses face during challenging times. Easing the Burden:…
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Leaving the Nest: Healthy Community Association Transition

May 24, 2024

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Written By Allen N. Trask, III
In North Carolina, private developers establish community associations by planning, building infrastructure, developing lots, and organizing property owners or associations. Initially, developers have substantial…
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Tax Treatment of the Sale of Social Club Assets Upon Liquidation

May 7, 2024

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Written By Steven B. Long
Since 1916, Congress has exempted from income taxation clubs formed to facilitate social interaction between its members.  As a result, country clubs, hunting and…
Firm News

Media Mention: Adam Beaudoin Discusses the Importance of Transparency with HOA Resources

April 29, 2024

Transparency is vital when it comes to community associations. Adam Beaudoin, a community associations attorney, recently shared his insights with HOAresources, a publication powered…
Firm News

Ward and Smith Attorney Adam Beaudoin to Speak at 2024 CAI Annual Conference & Exposition

April 22, 2024

Community associations attorney Adam Beaudoin will speak at the upcoming 2024 CAI Annual Conference & Exposition, which will be held from May 8 to…
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Navigating the Homefront: A Guide to Handling Violations in Community Associations

April 19, 2024

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Written By Madeline Lipe Williams
Overview article from CAI Law Day Presentation by Madeline Lipe (W&S) and Carmen Clayton (CAMS – Community Manager). Every member of a community association…
Firm News

Attorney Adam Beaudoin Elected CAI-NC Board of Directors President

March 13, 2024

Attorney Adam Beaudoin has been elected President of the Community Associations Institute of North Carolina (CAI-NC) Board of Directors. He seamlessly transitioned into this…
Firm News

Attorney Adam Beaudoin to Speak at 2024 Community Association Law Seminar

January 31, 2024

Attorney Adam Beaudoin is set to take the stage at the 2024 Community Association Law Seminar, taking place from February 14-17, 2024, in Las…
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Condominium Governance: Unpacking the Implications of Alexander v. Burkey for Condominium Associations

January 29, 2024

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Written By Adam M. Beaudoin and Chris S. Edwards
Last month, the North Carolina Court of Appeals issued its opinion in the case of Alexander v. Burkey, 894 S.E.2d 291 (2023).  The Court…
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Ward and Smith: Our Highlights of 2023

December 27, 2023

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Written By Laura V. Hudson
As we reflect on the past year, it’s evident that 2023 has been remarkable for Ward and Smith. We’ve welcomed new team members, launched…
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Ward and Smith Attorneys Reflect on the Impactful Work of the Community Associations Institute’s North Carolina Legislative Action Committee

December 21, 2023

In 2023, a torrent of proposed legislation targeted community associations and their management companies.   In response, the North Carolina Legislative Action Committee (NC…
Firm News

Ward and Smith Attorneys Reflect on the Impactful Work of the Community Associations Institute’s North Carolina Legislative Action Committee

December 21, 2023

In 2023, a torrent of proposed legislation targeted community associations and their management companies.   In response, the North Carolina Legislative Action Committee (NC…
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Top 10 Most Popular Articles of 2023

December 20, 2023

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Written By Joanne H. Badr and Joseph A. Schouten
As we approach the New Year, it’s time to reflect on the articles that have most resonated with readers throughout 2023. Ward and Smith…
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Budget Ratification: Understanding the Ghost of Budgets PAST When Preparing for the Future

November 29, 2023

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Written By Madeline Lipe Williams
It’s that time of year again.  The holidays are upon us, and the end of the year is drawing near. As we reflect on…
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Mo Money, Mo Problems? No Biggie for a Homeowner’s Association, Right?

October 4, 2023

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Written By Adam M. Beaudoin and Matthew A. Jones
Was your community association lucky enough to come in under budget last year? On the surface, this might appear to be a bonus, but…
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Disasters Take Many Forms – Preparing your Community Association for the Unexpected

September 20, 2023

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Written By Madeline Lipe Williams
Disasters, natural or otherwise, are usually unexpected and leave little time for advance action. Hurricanes, named storms, floods, fire, and even crime, are types…
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One of These Things Is Not Like the Other: Proxies at Meetings, Written Ballots, and Electronic Voting

August 30, 2023

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Written By Adam M. Beaudoin and Madeline Lipe Williams
All community associations, at least annually, are faced with action items requiring a vote of their membership.  For example, community association membership participation is…
Firm News

52 Ward and Smith Attorneys Recognized by Best Lawyers in America® for 2024

August 17, 2023

Ward and Smith proudly celebrates an incredible achievement—over half of our esteemed attorneys have gained recognition from one of the nation’s most respected legal…
Firm News

Gain Valuable Insights from Attorneys Allen Trask & Amy Wooten at CAI-NC’s 2023 Annual Conference & Expo

July 24, 2023

Don’t miss out on an incredibly informative insurance presentation at the North Carolina Chapter of the Community Associations Institute’s (CAI-NC) 2023 Annual Conference & Expo,…
Firm News

Step Up Your HOA Game with Adam Beaudoin at CAI-NC’s 2023 Annual Conference & Expo

July 18, 2023

Don’t miss out on attorney Adam Beaudoin’s double-act at the North Carolina Chapter of the Community Associations Institute (CAI-NC) 2023 Annual Conference & Expo!…
Firm News

Tracing the Tsunami of HOA Bills: WRAL Talks with Community Associations Attorney Adam Beaudoin

July 10, 2023

Amid a wave of legislation targeting Homeowners Associations (HOAs) in North Carolina, WRAL spoke to community associations attorney Adam Beaudoin about the potential implications.…
Firm News

Round 2: Madeline Lipe Williams to Share to Disaster Prep Tips at CAI-NC Webinar

June 13, 2023

You now have another chance to learn how to weather any storm from industry professionals.  The North Carolina Chapter of the Community Associations Institute…
Firm News

Be Ready for Anything! Madeline Lipe Williams to Share Disaster Prep Tips at CAI-NC Event

May 23, 2023

Learn how to weather any storm at the Disaster Prep Takes Many Forms event on Thursday, June 1.  Join Ward and Smith community associations attorney…
Firm News

Get Ready, Texas! Adam Beaudoin is Bringing His Insights to the 2023 CAI Annual Conference

May 2, 2023

Get ready, y’all! The 2023 CAI Annual Conference and Exposition: Community NOW is comin’ to Texas, where everything’s bigger and better. The four-day extravaganza…
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I am a Volunteer, so I am Protected, Right?: Understanding Director and Officer Liability Insurance for Community Associations

March 29, 2023

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Written By Adam M. Beaudoin and Amy H. Wooten
Community associations (“Associations”) act through their board members and officers, who are volunteers and are generally willing to serve because they care about their communities. …
Firm News

Madeline Lipe Williams Named CAI-NC Legislative Action Committee Secretary

March 27, 2023

Attorney Madeline Lipe Williams has been named the Secretary of the Legislative Action Committee (LAC) of the North Carolina Chapter of the Community Associations…
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Digital Decision Making: Community Association Board of Directors Can Conduct Business Electronically

January 27, 2023

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Written By Madeline Lipe Williams
This year at the 2023 Community Associations Institute (CAI) Law Seminar in New Orleans, Louisiana, one breakout session focused on Boards of Directors conducting…
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When ABC, Inc. Buys the House Next Door and Next Door and Well, You Get the Idea

January 18, 2023

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Written By Allen N. Trask, III and Amy H. Wooten
Scott D. Weiss, Esq. of Ortale Kelley Law Firm in Nashville, Tennessee, focused his lens at the Community Associations Institute’s (“CAI”) Annual Law Seminar…
Firm News

Pushing the Boundaries: Ward and Smith’s Most Popular Articles of 2022

December 30, 2022

2022 was an amazing year of enriching content from the Ward and Smith team! Our attorney-authored articles on trending topics were read far and…
Firm News

Adam Beaudoin to Speak at the 2023 Community Association Law Seminar

December 29, 2022

Attorney Adam Beaudoin will be a featured speaker at the 2023 Community Association Law Seminar, providing insights into community associations’ legal risks and regulations.…
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When 2 Minus 1 Still Equals 2: Combining Lots in a Planned Community

December 14, 2022

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Written By Justin M. Lewis and Madeline Lipe Williams
“I will just combine my two lots into one, then I only have to pay one assessment but I’ll still have two votes, right?”…
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Beware of Procedural Pitfalls in HOA Foreclosures

December 7, 2022

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Written By Lance P. Martin and Thomas C. Wolff
Most community associations already know the Planned Community Act allows them to place a lien on a delinquent homeowner’s property and foreclose on that…
Firm News

Adam Beaudoin Receives National Recognition as a College of Community Association Lawyers Fellow

December 1, 2022

Attorney Adam Beaudoin has been granted fellowship in the College of Community Association Lawyers (CCAL). More than 4,000 lawyers practice community association law in…
Firm News

Madeline Lipe Williams Appointed to the CAI-NC Legislative Action Committee

November 29, 2022

The North Carolina Chapter of the Community Associations Institute (CAI-NC) Board of Directors has appointed attorney Madeline Lipe Williams to its Legislative Action Committee (LAC). …
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Best Practices For Homeowner Association Directors and Boards

November 16, 2022

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Written By Madeline Lipe Williams
Approximately 74.1 million Americans reside in a subdivision, condominium complex, or other planned community that is administered by a community association.  Community associations are…
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Stormwater Permits: Preventing Your Owners Association From Getting Stuck with Unnecessary and Potentially Large Expenses

September 14, 2022

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Written By Justin M. Lewis and Amy P. Wang
Developers in North Carolina must obtain numerous permits from various governmental agencies before constructing a planned community or developing condominiums.  Most construction permits end…
Firm News

Adam Beaudoin to Speak at the 2022 CAI-NC Annual Conference and Expo

August 16, 2022

Attorney Adam Beaudoin will be a speaker at the North Carolina Chapter of the Community Association Institute’s (CAI-NC) 2022 Annual Conference and Expo.  As one…
Firm News

Madeline Lipe Williams and Amy Wang to Speak at the 2022 CAI-NC Annual Conference and Expo

August 8, 2022

Community association attorney Madeline Lipe Williams and environmental law attorney Amy Wang are teaming up for a presentation for one of the premier gatherings for North Carolina community association…
Firm News

Allen Trask and Amy Wooten to Speak at CAI-NC 2022 Annual Conference and Expo

July 19, 2022

Attorneys Allen Trask and Amy Wooten will be featured speakers at one of the premier gatherings for North Carolina community association managers and leaders, hosted…
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Installation and Use of Solar Power Systems in North Carolina

July 6, 2022

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Written By Eric J. Remington
Approximately twenty-five percent of North Carolinians live in a planned community where the restrictive covenants are administered by a homeowners association (“HOA”).  If you…
Firm News

On Demand: Community Association Webinars

June 21, 2022

North Carolinians love their neighborhoods. And it’s no surprise why – with nearly 30% living in a community association, they share many goals to…
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Community Association Restrictions Last Forever … Right? Community Association Restrictions and the Confusion Surrounding Tax Sales

June 3, 2022

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Written By Thomas C. Wolff
It may be hard to believe, but community associations (“Associations”) occasionally deal with property owners who do not think they are required to pay…
Firm News

Ward and Smith Welcomes New Tax and Business Attorney

June 1, 2022

Ward and Smith is pleased to announce tax and business attorney Matthew Jones has joined the firm. Matthew’s practice is limited to corporate and…
Firm News

Ward and Smith Attorneys to Participate in Community Association Law Day 2022

March 10, 2022

Several Ward and Smith attorneys are gearing up for a one-of-a-kind event for community associations board members and managers.  Adam Beaudoin, Dana Lingenfelser, Madeline…
Firm News

Adam Beaudoin to Speak at NCBA 2022 Real Property Winter Program

February 10, 2022

Attorney Adam Beaudoin will be a featured speaker at the North Carolina Bar Association (NCBA) 2022 Real Property Winter Program on Friday, February 18.…
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Community Association Building Blocks: Community Drainage and Flooding and Architectural Control Parameters

February 4, 2022

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Written By Eric J. Remington and Amy P. Wang
Many homeowners in North Carolina experience issues with excessive surface water flow and localized nuisance flooding after rain events.  How communities deal with these…
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Land Use and Zoning Basics for Community Associations

January 28, 2022

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Written By Clint H. Cogburn
Recently, I detailed a variety of land use laws and land use regulations pertinent to community associations and community association managers. The webinar, which…
Firm News

Adam Beaudoin to Speak at CAI’s 2022 Law Seminar

January 27, 2022

Attorney Adam Beaudoin will be a featured speaker at the Community Association Institute’s (CAI) 2022 Law Seminar.  This one-of-a-kind event explores trends and practices in…
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Buying and Selling Real Estate in the Community Associations Universe

January 19, 2022

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Written By Allen N. Trask, III
Community associations (“COAs”) are not typically thought of as property owners outside of perhaps the clubhouse, pool, or tennis courts.  However, COAs can and…
Firm News

Register for the Last Community Association Building Blocks Webinar of the 2021

December 6, 2021

Join us for the last Community Association Building Blocks webinar of the year on December 9.  Attorney Clint Cogburn will discuss how zoning and land use…
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To Meet (In Person) or Not To Meet (In Person)…That is the Question: North Carolina Makes Permanent the Ability for Community Associations To Meet and Vote Virtually

September 20, 2021

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Written By Madeline Lipe Williams and Amy H. Wooten
The past 19 months have been a challenging time.  As a result of the Coronavirus pandemic, many precautions and restrictions were put in place…
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State Stormwater Program Amendments Significant for Those Affected by Post Construction Stormwater Permits

September 16, 2021

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Written By Amy P. Wang
Extensive changes to North Carolina’s stormwater runoff statute went into effect on September 16,2021 as part of Session Law 2021-158. The Stormwater Program amendments are embedded…
Firm News

Adam Beaudoin to Speak at the CAI’s 2021 Annual Conference & Exposition: Community NOW

August 10, 2021

Attorney Adam Beaudoin will be a featured speaker at the 2021 Annual Conference & Exposition: Community NOW, hosted by the Community Associations Institute (CAI). The…
Firm News

3 Ward and Smith Attorneys to Speak at CAI-NC Annual Conference & Expo

July 19, 2021

Three Ward and Smith attorneys will be featured speakers at one of the premier gatherings for North Carolina community association managers and leaders.  Adam…
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Privacy and Data Security for HOAs: What Your Community Association Needs to Know

June 30, 2021

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
Privacy and Data Security is the body of law that addresses how an organization can collect, handle, and use personally identifiable information and how…
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What Community Associations Should Know from HOA Attorneys

June 16, 2021

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Written By Adam M. Beaudoin
Maintenance, repairs, upkeep, and enforcement of rules are all in a day’s work for a community association – now one of the most common…
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“Batten Down the Hatches: Named Storm-Preparedness for Community Associations”

May 19, 2021

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Written By Allen N. Trask, III and Amy H. Wooten
The 2021 Atlantic hurricane season officially kicks off in t-minus 12 days, on June 1, 2021, and runs through November 30, 2021. If this…
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Restrictive Covenants: What Are They And Why Should You Care?

May 5, 2021

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Written By Justin M. Lewis
Restrictive covenants have a significant and substantial impact on the use and value of property; yet they are often ignored entirely or not considered…
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What Do You Mean I Can’t Place the List of Delinquent Homeowners on the Clubhouse Door? Community Association Pitfalls: State and Federal Collection Laws

April 9, 2021

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Written By Thomas C. Wolff
Whether you are a board member or a property manager for a community association (“Association”), you have probably dealt with owners that fail to…
Firm News

Introducing Ward and Smith’s Triangle Community Associations Team

March 22, 2021

There is no substitute for experience when it comes to community association law. Ward and Smith has maintained a full service, state-wide Community Associations…
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On-Demand: Community Association Building Blocks Webinars

March 15, 2021

Nearly 30 percent of North Carolinians reside in a community association of some sort. And these associations, be that a condominium or single-family community, share…
Firm News

Adam Beaudoin and Amy Wooten to Speak at CAI-NC’s Community Association Law Day 2021

March 9, 2021

Community associations attorneys Adam Beaudoin and Amy Wooten will speak virtually at the upcoming Community Association Law Day on March 12. The duo’s session,…
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It’s No Big Deal, Until It Is: Why Vendor Contracts Matter for Community Associations

February 26, 2021

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Written By Allen N. Trask, III and Madeline Lipe Williams
A key role of most community associations is to engage contractors, service providers, and vendors (all together, “vendors”) to assist the community with its…
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Serving on Your Community Association’s ARC, ACC, or ARB? Take Note to Whom Your Fiduciary Duties Are Owed

February 17, 2021

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Written By Allen N. Trask, III and Amy H. Wooten
Residents of planned communities often must obtain approval prior to making any modifications to their homes and lots.  Through their declaration of covenants, conditions,…
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Who is the Declarant? And Why Does it Matter?

January 12, 2021

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Written By Samuel B. Franck
The concept and designation of the “Declarant” arise from the formation of a planned community or a condominium.  When the developer declares land to…
article

Can Our Community Association Still Hold its Annual Meeting?

January 8, 2021

For many community associations, the first quarter of the year signals the time to notice and hold annual meetings of their membership.  For a…
article

Year in Review: Ward and Smith’s Top Articles of 2020

December 30, 2020

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Written By Laura V. Hudson
Over the past tumultuous year, Ward and Smith attorneys authored more than 190 articles to help our clients stay abreast of ever-changing COVID-19 impacts. That…
Firm News

Webinar: Community Association Building Blocks – Navigating Litigation with Directors & Officers Coverage

December 14, 2020

Nearly 30 percent of North Carolinians reside in a community association of some sort. And these associations, be that a condominium or single-family community, share…
Firm News

Ward and Smith Welcomes Three New Attorneys

November 16, 2020

Ward and Smith is thrilled to welcome three familiar faces. Payton Collier, Justin Hill, and Madeline Lipe joined the firm’s Raleigh office. The attorneys…
article

The Role of the Community Association Attorney

November 11, 2020

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Written By Allen N. Trask, III
People often view Community Associations as simple collections of rule-obsessed homeowners that do little more than debate the color of the flowers under the…
article

Claims of Lien For Community Associations: How to Effectively Utilize them to Compel Payment

September 25, 2020

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Written By Thomas C. Wolff
Many community association managers know that a lien can be placed on a delinquent owner’s lot as a method of securing repayment of assessments. …
Firm News

Ward and Smith adds Depth to Litigation Bench with Clint Cogburn

September 16, 2020

Bolstering the firm’s Litigation and Land Use practice, Ward and Smith today announced the addition of a new attorney to its roster. Clint Cogburn…
article

CDC Enacts New Residential Eviction Moratorium

September 3, 2020

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Written By X. Lightfoot and Hayley R. Wells
On September 2, 2020, the Centers for Disease Control and Prevention (“CDC”), which is under the Department of Health and Human Services (“DHHS”), issued…
Firm News

41 Ward and Smith Attorneys Named to “Best Lawyers in America®” for 2021

August 20, 2020

Ward and Smith is proud to announce that nearly half of the firm’s attorneys have been recognized by one of the most respected and trusted…
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Call of [Fiduciary] Duty: How Good Faith, Due Care, and Loyalty Guide Community Associations’ Boards

August 7, 2020

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Written By Allen N. Trask, III and Amy H. Wooten
Nearly 30 percent of North Carolina’s population lives in a community association of some sort, be that a condominium or single-family community.  Yet, confusion among…
Firm News

Media Mention: Eric Remington Discusses Eviction Moratoriums with NC Lawyers Weekly

August 4, 2020

A wave of evictions is expected in North Carolina now that the statewide moratorium is expired.  North Carolina Lawyers Weekly recently interviewed several attorneys, including…
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Your HOA Got Served: Now What?

July 29, 2020

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Written By Allen N. Trask, III and Amy H. Wooten
The unfortunate reality for many community associations and their boards of directors is that at some point in their existence they will be sued.   …
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Commercial Owners Associations/Residential Owners Associations The Same — But Different

July 22, 2020

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Written By Justin M. Lewis
What are commercial owners associations, and are they really that different from residential owners associations?  Commercial owners associations are nonprofit corporations that govern planned…
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Breaking News for NC Community Pools: New Law Limiting Liability Signed Today

July 2, 2020

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Written By Adam M. Beaudoin
Just in Time for Fireworks: North Carolina Governor Signs into Law Limited Immunity from COVID-19 Related Claims Arising from the Reopening of Community Pools…
article

Heavy Is the Head That Wears the Crown: Board of Director Authority in a Community Association

June 10, 2020

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Written By Adam M. Beaudoin
The Board of Directors for a Community Association functions in a very similar capacity as the Board of a standard corporation. Approximately 95% of…
Firm News

Adam Beaudoin to Present CAI-NC Webinar on Risks & Liabilities for HOAs

May 22, 2020

As COVID-19 lockdown restrictions ease, many HOA boards and community managers may be weighing the risks of reopening pools, clubhouses, and other amenities.  Ward…
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Significant Restrictions Imposed on Public and Community Pools for Phase 2 Reopening in NC

May 21, 2020

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Written By Alexander C. Dale
Effective May 22, 2020 at 5pm, North Carolina will enter what the Governor calls “Phase 2” of the Governor’s prolonged phases of reopening the…
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Don’t Dive Right In! Strategies for Opening Community Pools in the Wake of COVID-19

May 19, 2020

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Written By Eric J. Remington and Amy H. Wooten
Ed. Note: On May 21, The NC Department of Health and Human Services issued Interim Guidance for Public Pools and Spas. See our coverage of this most recent…
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Economic and Financial Uncertainty: How a Homeowners Association Can Protect Itself

April 30, 2020

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Written By Tyler J. Russell and Thomas C. Wolff
In a short period of time, COVID-19 has changed the way we live and conduct business.  Sadly, the pandemic seems as though it will…
article

ARC Approval – Gotta Have It

April 23, 2020

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Written By Ryal W. Tayloe and Allen N. Trask, III
Ward and Smith’s Community Associations attorneys have successfully defended a Wilmington area Community Association in the North Carolina Court of Appeals. On April 21, 2020, the…
article

HOA Boards and the Coronavirus

March 16, 2020

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Written By Adam M. Beaudoin
We are seeing the emails already. “We have a Board Meeting and need to award the contract for the pool, but we shouldn’t be…
article

When a Condominium Falls Down

March 11, 2020

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Written By Samuel B. Franck
Buildings do not last forever.  Eventually, gravity and time will prevail over concrete, steel, wood, and glass.  The risks associated with that life span…
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Two Pairs of Eyes Are Better Than One: Why Community Associations and Developers Should Have Separate Legal Counsel

December 18, 2019

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Written By Allen N. Trask, III
North Carolina has the third most planned communities in the United States after California and Florida.  All of these planned communities typically evolve in…
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The Member’s Role in a Community Association

September 4, 2019

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Written By Adam M. Beaudoin
Congratulations!  You just purchased your first home in a planned community and became a member of a community association.  For a detailed understanding of…
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The Accidental Construction Owner: A Checklist of Considerations for HOAs Engaging in Construction

July 26, 2019

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Written By Jason T. Strickland
Homeowners associations (“HOAs”) do not typically act as construction owners.  HOAs are set up as entities to maintain and manage planned unit communities.  The…
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Don’t Jump Without a Parachute! Understanding Community Association Insurance Needs

July 12, 2019

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Written By Adam M. Beaudoin
In the aftermath of Hurricane Florence, many Community Associations located in the Eastern part of the state had a rude awakening when they discovered…
article

Rental Rebellion: New Bill Would Change the Leasing Landscape in Planned Communities

April 5, 2019

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Written By Allen N. Trask, III
The battle between “pesky, disrespectful, transient tenants,” and “overbearing, Big Brother community associations” may be heating up in North Carolina, thanks to a bill…
Firm News

Allen Trask Selected for NCBA’s 2019 Leadership Academy

March 4, 2019

Each year, the North Carolina Bar Association (NCBA) selects only 16 outstanding attorneys from across the state for its Leadership Academy, and Ward and…
article

They Are Taking Our Common Area!

February 8, 2019

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Written By Ryal W. Tayloe and Allen N. Trask, III
The power of eminent domain, also referred to as condemnation, refers to the power of the government or other quasi-governmental entity, such as a…
article

“We’ll Just Kick Him Out!” Member Discipline and Expulsion in Private Clubs

January 16, 2019

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Written By Ryal W. Tayloe
Most private country clubs and social clubs are nonprofit corporations governed by North Carolina’s Nonprofit Corporation Act found in Chapter 55A of the North Carolina…
Firm News

Ward and Smith Recognized as a “Go-To Thought Leader”

January 8, 2019

The National Law Review (NLR) recently honored Ward and Smith with the Go-To Thought Leadership Award for “coverage of North Carolina real estate matters, including litigation,…
Firm News

Adam Beaudoin to Speak at CAI-NC Education Event

November 7, 2018

Community association attorney Adam Beaudoin will share his knowledge about developing reasonable community rules on Friday, November 9 in Southern Shores. The North Carolina Chapter…
article

New Coastal Stormwater Program Variances May Benefit Community Associations

October 19, 2018

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Written By Amy P. Wang
In the latest version of what appears to be an annual exercise, the North Carolina General Assembly passed a regulatory reform bill over the…
Firm News

Adam Beaudoin and Amy Wang to Speak at Alliance of Brunswick County POA Meeting

October 15, 2018

Community association attorney Adam Beaudoin and environmental attorney Amy Wang have been invited to speak at the Alliance of Brunswick County Property Owners Association…
article

Trademarks and Community Associations: Maintaining Your Community’s Brand

October 5, 2018

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Written By Norman J. Leonard
Your community association (“Association”) probably invests substantial resources in protecting and maintaining its green spaces, facilities, and other common elements. But what about its…
article

Meeting Street: Safely Traveling the Road to Community Association Annual Meetings

September 12, 2018

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Written By Allen N. Trask, III
Annual membership meetings are an essential thread of the fabric of community associations.  Indeed, North Carolina law requires that all community associations hold a…
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Community Associations: Proxies at Meetings are from Mars and Written Ballots are from Venus

February 21, 2018

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Written By Adam M. Beaudoin
Most community associations, at least annually, are faced with action items requiring a vote of their membership. For example, community association membership participation is…
article

Muddy Waters: Stormwater Permits Not Meant to Control Flooding or Flood Losses

January 17, 2018

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Written By Amy P. Wang
Those living in communities subject to North Carolina Stormwater Permits or local stormwater management easement agreements are increasingly alarmed as rainy weather, even without…
article

What NC Community Associations Need to Know about Fair Debt Collection

May 30, 2017

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Written By Norman J. Leonard
Nearly all Community Associations (“Associations”) must cope with owners who fail or refuse to pay their periodic assessments (also known as “Dues”).  When this…
article

No Ifs, Ands, or Butts: Regulating Smoking Within Community Associations

March 16, 2017

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Written By Adam M. Beaudoin
The End of the Age of “Mad Men” The past twenty years have seen a dramatic uptick in the regulation of smoking, as dozens…
article

Unwrapping the Riddle: What is a Community Association?

February 10, 2017

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Written By Adam M. Beaudoin
There are approximately 14,000 planned communities located throughout North Carolina, but very few of the nearly 3 million residents of such communities have a…
article

New Stormwater Rules Effective January 1, 2017

January 23, 2017

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Written By Amy P. Wang
Stormwater management is a concern across the country.  The United States Environmental Protection Agency renewed municipal stormwater as one of its National Enforcement Initiatives. …
article

The Attorney Client Privilege in Community Associations

October 26, 2016

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Written By Allen N. Trask, III
Few legal concepts rival the complexities surrounding the attorney‑client privilege in community association matters.  The confusion about these complexities, and the resulting misunderstandings, do…
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What’s So Special About Special Meetings? A Brief Look Into Special Meetings of Property Owner Associations

October 11, 2016

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Written By Allen N. Trask, III
All North Carolina property owner associations are required by law to have regular meetings of the Board of Directors (“Board”) and at least one…
article

Treating with the Enemy: Civil Collaborative Practice

August 30, 2016

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Written By E. Knox Proctor V
If you feel sure you have been cheated by a business partner, an employee, or a contractor, your first instinct may be to file…
article

Home Owners Associations: Beware of the Fair Housing Act When Enforcing Pet Prohibitions and Restrictions

August 11, 2016

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Written By Adam M. Beaudoin
Many planned communities, townhome communities, and condominiums (collectively, “Associations” since they are nearly universally governed by one) have restrictions that either prohibit or limit…
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Community Associations Legislative Update – 2015 Long Session

May 21, 2015

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Written By Adam M. Beaudoin
The North Carolina General Assembly continues to meet in the 2015 “long” session.  The General Assembly is considering a number of pieces of legislation…
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I Really Don’t Like My Neighbor’s Tenants: Issues With The Use And Enforceability Of Rental Restrictions In Homeowners’ Associations

December 3, 2014

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Written By Allen N. Trask, III
It is an all too common situation, especially in coastal communities, mountain retreats, and college towns:  You bought a home in a planned community…
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Does Your Property Owners Association Need Workers’ Compensation Insurance? Yes!

September 16, 2014

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Written By Adam M. Beaudoin
Background The North Carolina Workers’ Compensation Act (“Act”) requires all employers with three or more employees to carry workers’ compensation insurance.  The purpose of…
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Planning And Enforcing A Successful Collections Policy

August 26, 2014

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Written By Tyler J. Russell
As economic conditions struggle to improve, many community associations (“Associations”) face the continuing challenge of chasing payment from a number of delinquent members.  In…
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Collecting Your Association’s Attorneys’ Fees From Delinquent Owners: Making Collections Actions To A Money Judgment An Even Better Tool For Collecting Delinquent Dues In An Upside-Down World

January 9, 2014

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Written By Norman J. Leonard
Nearly all community associations (“Associations”) must cope with owners who fail or refuse to pay their periodic assessments, which are commonly referred to as…
article

Community Associations Legislative Update – End of 2013 Long Session – What Happens in Raleigh Does Not Stay in Raleigh

July 30, 2013

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Written By Adam M. Beaudoin and Lee C. Hodge
The North Carolina General Assembly has adjourned its 2013 “long” session and has enacted a number of pieces of legislation of which community association…
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Writing Some Wrongs: General Assembly Amends Planned Community Act and Condominium Act in Response to Unfavorable Court Decisions

July 25, 2013

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Written By Adam M. Beaudoin and Justin M. Lewis
The North Carolina General Assembly recently enacted Session Law 2013-34 (“Act”) that impacts homeowner associations and condominium associations (each an, “Association”).  The Act was…
article

Community Associations Legislative Update – What Happens in Raleigh Does Not Stay in Raleigh

May 20, 2013

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Written By Adam M. Beaudoin and Lee C. Hodge
The North Carolina General Assembly is in the midst of its “long” session and has been considering a number of pieces of legislation of…
article

Finger Pointing: Understanding the Relationship Between Insurance Coverage and Financial Responsibility in the Condominium Universe

May 17, 2013

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Written By Adam M. Beaudoin and Allen N. Trask, III
The Nightmare You are an officer or director of a condominium association.  It’s 3:00 a.m.  You are peacefully asleep in your condominium unit when…
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Is a Restrictive Covenant With a Limitation on “Stories” Enforceable?

December 21, 2012

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Written By Eric J. Remington
Consider the following scenario: Your client, a builder of residential homes, purchases six vacant lots in a partially developed subdivision consisting of 100 lots.…
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New Requirements for Community Association Collection of Delinquent Assessments

September 17, 2009

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Written By Adam M. Beaudoin and Alexander C. Dale
Special Bulletin In today’s economic climate, community associations face the challenge of pursuing payment from an increasing number of delinquent owners.  The North Carolina…
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Websites for Owners Associations: Helpful or Harmful?

April 28, 2009

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Written By Adam M. Beaudoin
The Benefits of an Association Website Imagine that you’ve just been elected to your owners association’s board of directors, and the membership is requesting…

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