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Community Associations Legislative Update: 2023 - 2024 Legislative Session

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 the potential to significantly impact the commun…

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Amending Your Planned Community's Declaration

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 question includes many layers: (1) What is the p…

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Budget Ratification: Understanding the Ghost of Budgets PAST When Preparing for the Future

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 the past year, many of us begin to look forward and think, "What's next?"  With the New Year rig…

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Mo Money, Mo Problems? No Biggie for a Homeowner's Association, Right?

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 if not handled properly, it can quickly turn into an unexpected tax burden.   &…

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Disasters Take Many Forms – Preparing your Community Association for the Unexpected

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 of disasters that communities across North Carolina may e…

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One of These Things Is Not Like the Other: Proxies at Meetings, Written Ballots, and Electronic Voting

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 necessary on an annual basis, at a mini…

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Installation and Use of Solar Power Systems in North Carolina

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 live in North Carolina, you likely have…

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It's No Big Deal, Until It Is: Why Vendor Contracts Matter for Community Associations

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 everyday needs.  These services can range from community m…

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Serving on Your Community Association’s ARC, ACC, or ARB? Take Note to Whom Your Fiduciary Duties Are Owed

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, and restrictions - commonly referred to as t…

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Call of [Fiduciary] Duty: How Good Faith, Due Care, and Loyalty Guide Community Associations' Boards

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 the general population about the nature of …

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Your HOA Got Served: Now What?

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.    When that happens, there are a number of basic but import…

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Commercial Owners Associations/Residential Owners Associations The Same — But Different

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 communities, condominiu…

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Don't Dive Right In! Strategies for Opening Community Pools in the Wake of COVID-19

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 guidance here.  State and local governme…

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Economic and Financial Uncertainty: How a Homeowners Association Can Protect Itself

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 cause (or already has caused, depending on who you ask) a devastating impact on our l…

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Desperate Times Call for…Taco Tuesday? Navigating the Use of Food Trucks in HOA Communities During COVID-19

Written By Adam M. Beaudoin

We have now just crossed the halfway point of Governor Cooper's "Stay at Home" Order, which, unless additional action is taken, is set to expire on April 29, 2020. This has been a challenging time for Community Associatio…

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Impact of COVID-19 on Force Majeure and Rent Abatement in Commercial Leases

Written By Kristin D. Mitcham and Allen N. Trask, III

Many businesses have suffered greatly in the wake of the measures taken to slow the spread of COVID-19.  One immediate impact is the flood of requests from commercial tenants to their landlords for rent reduction or …

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HOA Boards and the Coronavirus

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 in the same room. How do we do this?" "We have a Membership meeting scheduled for April bu…

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The Member’s Role in a Community Association

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 what a community association is all about, please clic…

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The Accidental Construction Owner: A Checklist of Considerations for HOAs Engaging in Construction

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 most important and common role of the HOA is to ma…

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Don't Jump Without a Parachute! Understanding Community Association Insurance Needs

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 they didn't have the right amount and/or proper type of insurance cover…

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Avoiding Commercial Lease Disputes – Clearly Reflecting the Intent of the Parties is Key!

Written By Eric J. Remington

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 a clearly drafted lease agreement at the o…

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Front tan building facade of a retail store

Who Gets What When a Real Property Lease Terminates?

Written By Justin M. Lewis and Allen N. Trask, III

Who gets what when a lease of real property is over?  This is a question that can be problematic for both landlords and tenants.  If the tenant installed additional improvements or made alterations to the premis…

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A Perfect Union: Creating Landlord-Tenant Agreements for Commercial Leases

Written By Joanne H. Badr

Similar to a marriage, in which two parties come together to enter into a legally binding agreement, a commercial lease symbolizes a forged relationship between parties that can be enduring and rewarding, or short-sighted …

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What NC Community Associations Need to Know about Fair Debt Collection

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 happens, the Association, typically acting through its p…

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