No More Free Passes: What HUD’s New Enforcement Memo Means for Your Community Association
May 29, 2026
That emotional support animal letter from an online provider? It may no longer carry the weight it once did. On May 22, 2026, the…
News + Insights
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North Carolina Legislative Update: Three New Bills That Could Impact HOAs
May 12, 2026
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
Media Mention: Sam Franck Profiled in Greater Wilmington Business Journal
April 10, 2026
Real estate attorney Sam Franck is the subject of a feature profile in the April 2026 issue of the Greater Wilmington Business Journal. The…
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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
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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The Notice of Contract Mechanism: How Contractors Can Avoid Double Payment
February 3, 2026
Ed. Note: This was originally published in 2020, authored by Jason Strickland, and has been revised and updated. This is part one of a two-part series. As…
Firm News
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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Recent Changes to North Carolina’s Insurance Laws: Highlights That Businesses and Individual Policyholders Ought to Know
December 5, 2025
Recent updates to the North Carolina General Statutes in Chapter 58 (insurance) and to a portion of Chapter 42 (landlord and tenant) became law…
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The Rules of 1031 “Like Kind” Exchanges
November 11, 2025
A 1031 exchange is a tax-deferred exchange where a taxpayer sells one or more real estate assets held for productive use in a trade…
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Contract Smarter, Not Harder: Best Practices for Entering into and Managing HOA Vendor Agreements
November 7, 2025
In general, Homeowners’ Associations (HOAs) in North Carolina are responsible for managing, maintaining, repairing, and replacing common areas, as well as upholding community standards…
Firm News
Ward and Smith Ranked by Best Law Firms® in 2026
November 6, 2025
Ward and Smith, P.A., has been recognized in the 2026 Edition of Best Law Firms®. The firm was ranked by Best Law Firms in 30 practice…
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Order in the HOA: Tips for Conducting Compliant and Transparent Board Meetings
October 10, 2025
Running legally compliant and transparent board meetings is essential for successful operation of any community association (“HOA”). Compliance with an HOA’s governing documents helps…
Firm News
Ward and Smith Welcomes Five Attorneys Across Multiple Practice Areas and Locations
October 8, 2025
Ward and Smith, P.A. is pleased to announce the addition of five attorneys who bring a wide range of experience to the firm’s litigation,…
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HOA Elections: Guidelines for a Fair and Legal Process
September 16, 2025
Electing a board of directors is one of the most important functions the membership plays in a community association (“HOA”). The board of directors…
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How to Amend HOA Bylaws and Covenants in North Carolina
September 9, 2025
Homeowners’ Associations (HOAs) play a critical role in managing residential communities across North Carolina. Their governing documents, specifically the Declaration of Covenants, Conditions, and…
Firm News
68 Ward and Smith Attorneys Honored by Best Lawyers® for 2026
August 21, 2025
Ward and Smith is proud to share that 68 attorneys have been recognized by Best Lawyers in America®. Of those honored, 55 were named to…
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Blueprint for Growth: Construction Diversification Strategies for North Carolina Businesses
July 29, 2025
To help construction industry professionals expand their service offerings and gain a competitive advantage, Ward and Smith invited Stahler McKinney of FMI Consulting to…
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Design-Build Requirements in North Carolina
July 22, 2025
Two Ward and Smith attorneys discussed essential design-build requirements in North Carolina, as well as some of the key advantages and disadvantages of this…
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Construction Conversations: Rapid Fire Legal Update
July 15, 2025
Three Ward and Smith attorneys shared critical insights on an array of legal topics impacting the construction industry, including updates on the shifting landscape…
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Highlights of North Carolina Construction Legend’s Fireside Chat
July 8, 2025
In a forthright discussion moderated by Hank Harris, Director of Consulting for Ward and Smith’s Business Consulting team, two of the North Carolina construction…
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How to Handle Pet Disputes in Community Associations
May 27, 2025
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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House Bill 47 Delays Effective Date for North Carolina’s New Building Code
May 9, 2025
Recent media coverage of the Hurricane Helene Mountain Recovery Bill left out a critical piece of news for construction industry stakeholders. House Bill 47…
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Understanding Community Association Authority: Regulating Parking on Community Streets in North Carolina
May 2, 2025
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…
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Navigating Wetlands in Coastal North Carolina Real Estate Development
April 25, 2025
The landscape of coastal real estate development in North Carolina has undergone a seismic shift following major regulatory changes over the last few years.…
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Maintaining Harmony: Best Practices for Enforcing Community Rules and Covenants
March 14, 2025
One of the most important roles a community association serves is garnering resident compliance for both community rules and declarations of covenants, conditions and…
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Owning Real Property Near Military Bases: Considerations for Buying, Selling, and Developing Land in an AICUZ
March 7, 2025
You have found the perfect spot for a new neighborhood, office complex, or retail center—only to discover it’s within an Air Installations Compatible Use…
Firm News
Build Success: Save the Date for Ward and Smith’s 2025 Construction Conference
February 13, 2025
The construction industry is evolving faster than ever. New regulations, emerging risks, and shifting market trends demand that contractors, business owners, and industry professionals…
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Red Rover, Red Rover, Come on Over? Understanding Pet Policies in Community Associations
February 4, 2025
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
Ward and Smith’s Year in Review: Celebrating Excellence, Resilience, and Growth in 2024
December 20, 2024
As 2024 draws to a close, we reflect on a year defined by Hurricane Helene, many new faces, and industry recognition for our attorneys.…
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Community Associations Legislative Update: 2023 – 2024 Legislative Session
December 19, 2024
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
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
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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Navigating the Skies: Why Drone Land Surveys May Violate Licensing Statutes, Not First Amendment Rights
October 18, 2024
It is widely understood that to engage in the practice of land surveying in North Carolina, one must have an appropriate license. Less widely…
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When is a General Contractor’s License Required for Emergency Remediation Services?
October 11, 2024
(Ed. Note: This article was originally published on January 10, 2020, and has been updated.) North Carolina has seen an increase in the need…
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Political Season is Upon Us: Guidance for Navigating Political Sign Display in Community Associations
October 4, 2024
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
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…
Firm News
Ward and Smith Welcomes Real Estate Attorney Aulie Strickland
September 5, 2024
Ward and Smith is pleased to announce the addition of Aulie Strickland to its Raleigh office as a Real Estate Attorney. Aulie brings experience…
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Risk Reduction Strategies for Construction Contractors in North Carolina
September 3, 2024
An ounce of prevention is worth a pound of cure. Today’s construction environment demands a lot from contractors who are pulled in multiple directions…
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Recent Case Law Does Not Doom All Rental Restriction Amendments
August 22, 2024
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
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
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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Commercial Real Estate Sellers: Hire Your Own Attorney!
August 2, 2024
Does a seller of commercial real estate really need an attorney? I get asked this question often, and the resounding answer is “yes!” Often,…
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What Landowners Need to Know About Solar Farm Leases in North Carolina
July 2, 2024
In 2007, the North Carolina General Assembly established the Renewable Energy Efficiency Portfolio Standards (“Standards”), which required that all investor-owned utilities in the…
Firm News
Ward and Smith and Attorneys Shine in 2024 Chambers USA Rankings
June 6, 2024
Ward and Smith is pleased to announce that several of its practice areas and attorneys have been recognized in the 2024 Chambers USA Rankings.…
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Leaving the Nest: Healthy Community Association Transition
May 24, 2024
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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Navigating Easement Disputes in North Carolina
May 17, 2024
An easement is a right to make some specific use of land owned by another. Because easements involve the easement owner using land owned…
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Top 10 Most Popular Articles of 2023
December 20, 2023
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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Five Reasons Not to Sign a Real Estate Contract (Without Consulting an Attorney First)
December 8, 2023
Buying and selling commercial real property is expensive, starting with the price of the property and then adding the fees for inspections, insurance, recording,…
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WOTUS Whiplash 4.3: The Revision to the Revised Definition of “Waters of the United States”
November 10, 2023
The third major development of 2023 for defining “Waters of the United States” (“WOTUS”) has arrived. First, in early 2023, the United States…
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Disasters Take Many Forms – Preparing your Community Association for the Unexpected
September 20, 2023
Disasters, natural or otherwise, are usually unexpected and leave little time for advance action. Hurricanes, named storms, floods, fire, and even crime, are types…
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…
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Federal Dollars are Nice to Get, but Owners, Designers, and Builders Need to Watch Out for Those Strings
August 16, 2023
North Carolina statutes permit State agencies and local governments (the “government”) to use alternatives to traditional bid-build approaches to construction. Two popular options are…
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Licensing and Permitting for Solar Panel Projects in North Carolina
July 26, 2023
Solar panel systems on residential homes have greatly increased in popularity over the last several years with the boom in renewable energy. This…
Firm News
Ward and Smith Attorneys Play Key Role in Sunset Beach Revitalization Project Approval, Highlighted in Local News
July 21, 2023
Sunset Beach, located at the southernmost tip of North Carolina’s string of barrier islands, is poised for a significant expansion with the help of…
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Biden Administration Revitalizes and Advances the Federal Government’s Commitment to Environmental Justice
June 16, 2023
On April 21, 2023, the eve of Earth Day, President Biden continued his Administration’s spotlight on environmental justice issues by signing Executive Order 14096,…
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WOTUS Whiplash 4.0: The Revised Definition of “Waters of the United States”
April 14, 2023
It’s that song in your head that you can’t stop hearing. On March 20, 2023, the 500-plus page final Revised Definition of “Waters of…
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Final(ly) Adoption by the US EPA of Revised Standards and Practices for All Appropriate Inquiries
January 25, 2023
The United States Environmental Protection Agency (“EPA”) adopted an updated standard of practice for Phase I Environmental Site Assessments on December 15, 2022. The…
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…
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Deed Warranties and Why They Should Matter To You
December 28, 2022
You’re negotiating to buy a piece of real estate and your attorney tells you that the seller is proposing to give you a “Special…
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When 2 Minus 1 Still Equals 2: Combining Lots in a Planned Community
December 14, 2022
“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?”…
Firm News
Real Estate Attorney Michelle Gonzalez Joins Ward and Smith
October 11, 2022
Michelle Gonzalez has joined the Raleigh office of Ward and Smith’s Real Estate group. She brings a wealth of knowledge in commercial real estate…
Firm News
Ward and Smith Welcomes Four New Attorneys
October 10, 2022
Ward and Smith is proud to welcome back four familiar faces. Alex Ferri, Dakota Lipscombe, Avery Locklear, and Zach Marks join the firm as…
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Installation and Use of Solar Power Systems in North Carolina
July 6, 2022
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…
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The Intersection of the Bipartisan Infrastructure Law and Davis-Bacon Act Requirements for Federal Contractors and Subcontractors
June 17, 2022
On November 15, 2021, President Joe Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act into law, which is popularly known as the…
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New Law Limits Broad Form Lien Waivers in Construction Projects
June 10, 2022
Lien rights can be one of a contractor’s most important means of securing payment on any private construction project in North Carolina. Under Chapter…
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Community Association Restrictions Last Forever … Right? Community Association Restrictions and the Confusion Surrounding Tax Sales
June 3, 2022
It may be hard to believe, but community associations (“Associations”) occasionally deal with property owners who do not think they are required to pay…
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When Is a Deal a Deal?
April 22, 2022
Oftentimes, individuals attempt to negotiate deals on their own without the benefit of legal advice and assistance. At best, this can lead to certain…
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North Carolina Licensing for General Contractors: Licensure of Joint Ventures
April 6, 2022
Joint ventures are a common method of undertaking construction projects in North Carolina. Through a joint venture, two companies can pool their resources and…
Firm News
Ward and Smith Welcomes Commercial Real Estate Attorney Cameron Winfrey
April 4, 2022
Cameron Winfrey has joined the Raleigh office of Ward and Smith’s Real Estate group. He limits his practice exclusively to commercial real estate ventures…
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The Application of North Carolina’s Economic Loss Rule to Commercial Construction Projects
March 18, 2022
This article addresses recent developments in North Carolina law regarding the economic loss rule, explores the application of the economic loss rule to commercial…
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Environmental Justice 101: Leveling the Playing Field in the Permitting Process
March 2, 2022
The concept of “environmental justice” (or “EJ” among environmental practitioners) is not new. It developed in response to the inordinate number of industrial facilities…
Firm News
Sam Franck to Appear on the Wilmington Chamber’s Small Business Real Estate Panel
March 1, 2022
Real estate attorney Sam Franck will be a featured panelist at the Small Business Real Estate event, hosted by the Wilmington Chamber of Commerce,…
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Community Association Building Blocks: Community Drainage and Flooding and Architectural Control Parameters
February 4, 2022
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
Recently, I detailed a variety of land use laws and land use regulations pertinent to community associations and community association managers. The webinar, which…
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State Stormwater Program Amendments Significant for Those Affected by Post Construction Stormwater Permits
September 16, 2021
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…
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Use Clarity to Avoid Contempt in Bankruptcy
September 8, 2021
This is a story about contempt and clarity. It comes to us from a July 2021 North Carolina district court decision reversing a $115,000…
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Taking License Liberties Based on Affiliation
July 23, 2021
Questions regarding general contractor licensure requirements often arise among affiliated or related companies, namely, which entities are required to have a license. The issue…
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Common Mistakes to Avoid When Appealing a North Carolina Occupational Licensing Board Decision
June 25, 2021
Ed. Note: This is the third in a series of three articles examining disciplinary and appeals processes in front of North Carolina professional and…
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What Community Associations Should Know from HOA Attorneys
June 16, 2021
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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North Carolina Occupational Licensing Boards: Disciplinary Hearings and Appeals, 101
May 21, 2021
Ed. Note: This is the first in a series of three articles examining disciplinary and appeals processes in front of North Carolina professional and…
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Restrictive Covenants: What Are They And Why Should You Care?
May 5, 2021
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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Joint Check Agreements in Construction: Use with Caution
April 21, 2021
Construction projects involve a tiered relationship, which consists of (a) the project owner, (b) a general contractor hired by the owner who manages…
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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
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
Sign up Today for NCBA’s Zoning, Planning, & Land Use CLE
April 7, 2021
Registration for the North Carolina Bar Association’s zoning and land use webcast is still open! The one-day CLE, hosted by the Zoning, Planning &…
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…
Firm News
Media Mention: Eric Remington Secures $3.1M Settlement in Eminent Domain Case
March 16, 2021
Attorney Eric Remington has secured a $3.1 million settlement for a local developer at the center of an eminent domain claim against the North…
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Short-Term Rentals Regulations: Not Always a Day at the Beach for Municipalities
March 3, 2021
The explosion of short-term rental properties through North Carolina – from mountain cities to coastal destinations, and cities and towns in between – has…
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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
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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WOTUS Encore: The Fate of the Navigable Waters Protection Rule and Implications for Groundwater
February 5, 2021
It seems like yesterday, but it was actually last summer when the United States Environmental Protection Agency and Army Corps of Engineers published the…
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More Breathing Room for Commercial Tenants in Bankruptcy
January 28, 2021
The Consolidated Appropriations Act of 2021 (“CAA”) took effect on December 27, 2020. The mammoth spending and COVID-19 pandemic relief bill contains provisions related…
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The Economic Loss Rule – Recently Refined or Redefined by the North Carolina Supreme Court
January 22, 2021
Recently, the North Carolina Supreme Court issued a decision impacting the application of the economic loss rule in commercial settings, particularly construction. This article…
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Who is the Declarant? And Why Does it Matter?
January 12, 2021
The concept and designation of the “Declarant” arise from the formation of a planned community or a condominium. When the developer declares land to…
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Industry Veteran Delivers Economic Forecast, Advice for N.C. Construction Firms
December 11, 2020
On October 8, 2020, Hank Harris, the director of Ward and Smith Business Consulting and a senior chairman at FMI Corporation, delivered the…
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The Role of the Community Association Attorney
November 11, 2020
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…
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Issues Impacting Enforceability of Liquidated Damages in Construction Contracts
October 23, 2020
Liquidated damages are a sum specified in a contract as the measure of recovery in the event of a breach of the contract.…
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Claims of Lien For Community Associations: How to Effectively Utilize them to Compel Payment
September 25, 2020
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. …
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CDC Enacts New Residential Eviction Moratorium
September 3, 2020
On September 2, 2020, the Centers for Disease Control and Prevention (“CDC”), which is under the Department of Health and Human Services (“DHHS”), issued…
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Call of [Fiduciary] Duty: How Good Faith, Due Care, and Loyalty Guide Community Associations’ Boards
August 7, 2020
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…
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Your HOA Got Served: Now What?
July 29, 2020
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
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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Wave Goodbye to the Waiver Defense in Some Landlord/Tenant Disputes
July 17, 2020
On May 1, 2020, in Winston Affordable Housing, LLC v. Roberts, the North Carolina Supreme Court clarified the law surrounding a landlord’s acceptance of…
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Heavy Is the Head That Wears the Crown: Board of Director Authority in a Community Association
June 10, 2020
The Board of Directors for a Community Association functions in a very similar capacity as the Board of a standard corporation. Approximately 95% of…
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COVID-19 Eviction Moratoriums: Need-To-Know Information for NC Landlords and Tenants
June 4, 2020
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress and signed into law by President Trump on March 27, 2020. …
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Replacing the Clean Water Rule – Is the Dance Really Over?
May 11, 2020
On April 21, 2020, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) completed step two of the two-step “repeal…
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North Carolina Extends Certain Real Property Development Approvals
May 8, 2020
This week the General Assembly of North Carolina provided some relief to developers with active development approvals. Pursuant to Senate Bill 704, signed into…
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Economic and Financial Uncertainty: How a Homeowners Association Can Protect Itself
April 30, 2020
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…
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ARC Approval – Gotta Have It
April 23, 2020
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…
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HOA Boards and the Coronavirus
March 16, 2020
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…
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When a Condominium Falls Down
March 11, 2020
Buildings do not last forever. Eventually, gravity and time will prevail over concrete, steel, wood, and glass. The risks associated with that life span…
Firm News
Media Mention: Sam Franck Featured in the ‘Port City Daily’ Publication
March 10, 2020
In late-February, real estate attorney Sam Franck went before the Pender County Board of Commissioners to address a complaint filed against his client, the…
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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
North Carolina has the third most planned communities in the United States after California and Florida. All of these planned communities typically evolve in…
Firm News
Ward and Smith Grows Triangle Real Estate and Creditors’ Rights Practices
December 2, 2019
Adding more depth to the firm’s Real Estate and Creditors’ Rights bench, Ward and Smith welcomes attorneys Jeff Bandini and Danny Brader. Both will…
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The Member’s Role in a Community Association
September 4, 2019
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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NC Anti-Indemnity Statute Update, New Changes Now in Effect
August 7, 2019
On July 8, 2019, Governor Roy Cooper signed into law HB 871, significantly altering North Carolina’s anti-indemnity statute, N.C. Gen. Stat § 22B-1 (“Anti-Indemnity…
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The Accidental Construction Owner: A Checklist of Considerations for HOAs Engaging in Construction
July 26, 2019
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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Construction Conference Insights: Industry Expert Lays Out Prospects for Growth
May 24, 2019
Wondering about the outlook for the construction industry in 2019 and beyond? Chris Daum, president and CEO of Raleigh-based FMI Corp., has a forecast. Daum…
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Can I Get Sued Over a Court-Authorized Foreclosure?
April 15, 2019
If a Clerk of Court authorizes a foreclosure sale and the trustee sells the property, can a borrower or other aggrieved party later sue…
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Avoiding Commercial Lease Disputes – Clearly Reflecting the Intent of the Parties is Key!
April 12, 2019
A commercial lease symbolizes a consensual relationship between parties that can be enduring and rewarding, or short-sighted and emotionally and financially taxing. Entering into…
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Rental Rebellion: New Bill Would Change the Leasing Landscape in Planned Communities
April 5, 2019
The battle between “pesky, disrespectful, transient tenants,” and “overbearing, Big Brother community associations” may be heating up in North Carolina, thanks to a bill…
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Brownfields Redevelopment Receives Boost Under the BUILD Act
February 15, 2019
Redevelopment of environmentally-damaged property has seen steady growth in North Carolina and nationwide. The attraction to dense, urban communities offering work/live/play opportunities and away…
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When a Chapter 11 Plan is Absolutely Dead on Arrival
January 30, 2019
Recently, we discussed In re CHL, a case involving a real estate developer in Chapter 11. We focused on the importance of the Disclosure…
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New Coastal Stormwater Program Variances May Benefit Community Associations
October 19, 2018
In the latest version of what appears to be an annual exercise, the North Carolina General Assembly passed a regulatory reform bill over the…
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Trademarks and Community Associations: Maintaining Your Community’s Brand
October 5, 2018
Your community association (“Association”) probably invests substantial resources in protecting and maintaining its green spaces, facilities, and other common elements. But what about its…
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Meeting Street: Safely Traveling the Road to Community Association Annual Meetings
September 12, 2018
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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The Reach of the Clean Water Act Takes a Dive into Groundwater
September 7, 2018
Can the law that protects the quality of the nation’s waters seep into groundwater below the surface? According to the United States Court of…
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Construction Law: Final Payment by Owner, Avoiding Lien Claims
September 5, 2018
A contractor has finished work on a construction project in North Carolina and submitted a written request for final payment to the owner of…
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Construction Arbitration: The Pros and Cons
August 29, 2018
It’s an unfortunate fact that many construction projects end in disputes, driving the parties into some form of dispute resolution. Many of these construction…
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Pre-Closing Due Diligence with Commercial Real Estate Helps Avoid Post-Closing Remorse
July 25, 2018
Your business has taken off, and you’ve been searching for that perfect 7,500 square foot building on an acre of land close to town,…
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Real Property: More Than Meets the Eye
May 30, 2018
Each parcel of real property is a unique asset. It is typically well understood that location is paramount, and that size, elevation, and other…
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Focus on Military Readiness Means More Construction Work on Military Bases
April 25, 2018
The United States military is the most powerful warfighting force in world history. But Secretary of Defense Jim Mattis made a stark observation in…
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“ITIN Contractors” – What North Carolina Construction Companies Need to Know to Minimize Risk
April 11, 2018
As explained in an earlier article, the North Carolina Department of Revenue (the “NCDOR”) has aggressively audited North Carolina construction companies on the issue…
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The 2018 North Carolina Chamber Environmental Compliance Conference
March 7, 2018
The North Carolina Chamber hosted its annual Environmental Compliance Conference on February 1, 2018, in Durham. North Carolina leaders were on hand to provide…
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Exclusive Use Provisions in Commercial Leases
February 9, 2018
Exclusive use provisions are common in commercial leases, especially in large shopping centers with many tenants. An exclusive use provision essentially allows a tenant…
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Muddy Waters: Stormwater Permits Not Meant to Control Flooding or Flood Losses
January 17, 2018
Those living in communities subject to North Carolina Stormwater Permits or local stormwater management easement agreements are increasingly alarmed as rainy weather, even without…
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Issues to Consider in Rights of First Refusal
October 16, 2017
People often talk about giving or getting a Right of First Refusal (“ROFR”) in real estate transactions. But what is a ROFR? A simple…
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Your Foreclosure Hearing Just Got More Crowded
October 9, 2017
On August 30, 2017, an amendment to North Carolina’s foreclosure statutes took immediate effect. The amended statute, Section 45-10, concerns substitute trustees under a…
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Well, Isn’t That a Special Use? Navigating the Special Use Permit Process in North Carolina
September 12, 2017
North Carolina statutes provide that cities and counties may issue special use permits in accordance with the principles, conditions, safeguards, and procedures specified in…
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What NC Community Associations Need to Know about Fair Debt Collection
May 30, 2017
Nearly all Community Associations (“Associations”) must cope with owners who fail or refuse to pay their periodic assessments (also known as “Dues”). When this…
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New Stormwater Rules Effective January 1, 2017
January 23, 2017
Stormwater management is a concern across the country. The United States Environmental Protection Agency renewed municipal stormwater as one of its National Enforcement Initiatives. …
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The Basics of 1031 Exchanges – Part One
January 16, 2017
This is part one of a two-part series on Internal Revenue Code Section 1031 Tax-Deferred property exchanges. This first article will provide an overview…
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Wet Weather Regulations Now More Expensive Under EPA’s Industrial Stormwater Settlement Penalty Policy
November 28, 2016
Heavy and consistent rainfall this summer, even before Tropical Storms Hermine and Julia and Hurricane Matthew, produced a tremendous amount of stormwater. Grass swales…
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Just Compensation for Contaminated Land
November 14, 2016
When a government agency or private party involuntarily takes your property (a proceeding called eminent domain or condemnation), you are entitled to receive “just compensation”…
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The Benefits of Using Multiple “Single-Asset” Limited Liability Companies for Investment Properties
October 14, 2016
Practicing real estate law means that I’m constantly talking with all types of clients, including large scale developers as well as individuals simply looking…
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TAKEN! Historic Eminent Domain Decision: NCDOT Must Pay When it Files a Transportation Corridor Protection Map
June 16, 2016
On June 10, 2016 the North Carolina Supreme Court affirmed the decision of the North Carolina Court of Appeals in the case of Kirby…
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North Carolina General Assembly Makes Public-Private Development Agreements More Available And Attractive
May 24, 2016
Background Before 2005, North Carolina’s laws on vested rights offered developers some protection, but not enough, for the large, multi-phased, multi-year, mixed use developments…
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North Carolina Construction Companies – Have You Covered Your Bases on Your Payments to Your “ITIN Contractors”?
January 29, 2016
If you are like many North Carolina construction company owners and managers, the phrase “ITIN contractor withholdings” is one with which you are unfamiliar. …
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Can’t Find Enough Cash Flow In the Stock Market? Maybe a “Triple-Net Lease” Is Your Answer
October 20, 2015
Maybe you are getting your finances in order for retirement. Maybe you own real estate that requires a lot of oversight and you would…
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Real Estate Developers – Proper Planning is Key to Maximizing The After-Tax Return on a Development Project
August 18, 2015
Before starting a new development project, residential and commercial real estate developers should focus on properly structuring the acquisition and development of the property…
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Supreme Court of North Carolina Recognizes Compensable Right in Approved Subdivision Development Plan
June 25, 2015
Introduction The power of eminent domain, or “condemnation,” is the power of the government and certain regulated public utilities to take private property for…
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Transportation Corridor Protection Maps—Has Your Land Been Taken?
March 11, 2015
When a corridor protection map was filed in 2005 for the extension of Military Cutoff Road in New Hanover County in accordance with the…
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Fracking—One Step Closer To Reality In North Carolina
January 5, 2015
The North Carolina Rules Review Commission (“RRC”) recently approved 107 new rules proposed by the state’s Mining and Energy Commission, putting North Carolina one…
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Low-Income Housing Tax Credits – Introduction
September 19, 2014
Do you have any idea how most affordable housing units get built in the United States? Does the federal government build them or are…
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Property Exchanges For Involuntarily Relinquished Land
July 22, 2014
Income taxes that would otherwise be incurred as a result of the involuntary conveyance or destruction of real property can be deferred to a…
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Fracking Movement in North Carolina: What Landowners Need to Know about the Energy Modernization Act
June 11, 2014
On June 4, 2014, Governor Pat McCrory signed into law a bill that will allow permits to be issued in North Carolina for gas…
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More Appropriate Inquiries
January 22, 2014
A new standard practice for Phase I Environmental Site Assessments was adopted by the Environmental Protection Agency on December 30, 2013, adding more refined…
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How Not To Get Zoned Out Of Your Transaction Or Project
December 4, 2013
Commercial real estate transactions and projects have become more complex and expensive. So, analyzing zoning and land use restrictions prior to the closing has…
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Here Comes the Sun – And It’s Alright (As Long as You Have a Good Solar Lease)
January 30, 2013
The North Carolina General Assembly is requiring North Carolina utilities to purchase energy from renewable sources. The hot sun beating on you and your…
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Is a Restrictive Covenant With a Limitation on “Stories” Enforceable?
December 21, 2012
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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Sequestration and the Department of Defense Budget: Its Stunning Impact on the National and North Carolina Economies
August 22, 2012
What is Sequestration? “Sequestration” is the fancy name given in Washington, D.C., to an extremely ugly and blunt form of congressional budget control. According…
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Title Insurance – The Fine Print
August 1, 2012
Most purchasers of real property, and almost all of their lenders, obtain title insurance. Title insurance, however, is not a cure‑all. This article addresses…
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Do Subjective Preservation Standards Trump Objective Zoning Standards?
June 28, 2012
Numerous North Carolina municipalities and counties have established historic preservation commissions (“HPCs”). Pursuant to N.C. Gen. Stat. Chpt. 160A, Art. 19, Part 3C, HPCs…
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“Let The Lender Beware!”: The Surrender Of Commercial Real Estate Collateral In Chapter 11 “Dirt For Debt” Bankruptcy Plans
May 4, 2012
Over the last several years, lenders have experienced an increasing number of defaults on loans secured by commercial real estate. More defaults are likely…
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Distressed Real Estate Developments and Declarant Rights: Potential Traps for Foreclosing Lenders
March 1, 2012
One of the most complex and challenging categories of OREO assets is distressed real estate developments. An unsettling number of stalled residential and commercial…
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Distressed Real Estate Developments: Opportunities and Traps for Lenders and Investors
April 17, 2011
Special Bulletin DEVELOPMENT ISSUES Recent media reports discuss the impact of the “Great Recession” on unemployment, jobs, and foreclosures of individual residences. But what…
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Property Owners Association Considerations for Incomplete Developments
May 8, 2010
Incomplete Developments – Property Owners Association Considerations The recent economic storm has left many incomplete real estate developments in North Carolina, and that number…
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Development Agreements – Long-Term Projects, Extended Vested Rights, and Infrastructure Expense Reimbursements
March 10, 2010
Legal Update As coastal North Carolina continues to see increased interest in living in untapped areas of the “inner banks” and the resulting population…
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EPA’s New Construction Stormwater Regulations Impose National Monitoring Requirements
December 16, 2009
Special Bulletin On December 1, 2009, the U.S. Environmental Protection Agency (“EPA”) published its new standards and regulations for stormwater discharges by the construction…
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Property Tax Relief for North Carolina’s Home Builders
October 31, 2009
Special Bulletin This year’s session of the General Assembly resulted in the enactment of a number of laws intended to help real estate developers…
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You Just Bought a Brand New Building or House, But Do You Have Good Title? The Current Financial Crisis and the Rise of Surprise Title Issues – Part Two
September 29, 2009
An Example of a Contractor’s “Hidden Lien” A developer of an office complex of ten lots (“Owner”) owns a lot in the complex (“Lot 1”)…
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You Just Bought a Brand New Building or House, But Do You Have Good Title? The Current Financial Crisis and the Rise of Surprise Title Issues – Part One
September 29, 2009
In the current financial climate, many buyers of newly constructed, or recently improved, homes and buildings are having the joy of ownership replaced by…
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The Government Takes Your Property Because You Won’t Sell: What is the “Just Compensation” the Government Must Pay?
September 9, 2009
Although it seems contrary to some of the most revered of the “fundamental rights” protected by the United States and North Carolina Constitutions, one…
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The North Carolina Permit Extension Act of 2009: The Revival and Extension of Land Development Approvals
September 1, 2009
Special Bulletin A weakening economy creates many unwelcome problems for land developers and local governments. One of the most significant problems is that land…
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It’s Good to be Green…and Silver, and Gold, and Platinum
June 23, 2009
Building “green” is the practice of using sustainable design and development techniques to create or renovate structures in an environmentally responsible manner by integrating…
