News + Insights

Understanding Community Association Authority: Regulating Parking on Community Streets in North Carolina

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 vehicle blocking the street or a commercial truck par…

Basic but Important Considerations for Corporations—Both For-Profit and Non-Profit: Understanding Director and Officer Liability Insurance

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 of a corporation, or to the corporation itself, as indemnif…

Privacy and Data Security in Community Associations: Navigating Risks and Compliance

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. For community associations, this is especial…

Maintaining Harmony: Best Practices for Enforcing Community Rules and Covenants

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 restrictions ("Covenants"). If done well, enforcement …

Corporate Transparency Act Enforcement Suspended Once Again!

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") reporting rule, a key requirement under the Corporate Transp…

Corporate Transparency Act Enforceable Again

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 al., 6:24-cv-00336 (E.D. Tex.), stayed the nationwide injunction on enf…

Red Rover, Red Rover, Come on Over? Understanding Pet Policies in Community Associations

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 will uphold their enforcement; however, there are seve…

Corporate Transparency Act Update: Filing Requirements Reinstated

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 Circuit Court of Appeals' merits panel overturned its previou…

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…

Some, But Not All: How the North Carolina Planned Community Act affects Pre-1999 Planned Communities

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.  The Act was intended to establish certain rights for prope…

What's in a Name Anyway? Trademark Basics for Community Associations

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 speech of homeowners. I. What is a Trade…

Legal Pause: Preliminary Injunction on Corporate Transparency Act Enforcement

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 for the Eastern District of Texas (Sherman District) issued a preliminary injunction against the Corporate…

Your Neighbor's Water Caused Damage to Your Property: Who Bears Legal Responsibility?

Written By William S. Durr, 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 owners across North Carolina in a variety of ways. One su…

Who Is Responsible for That Fallen Tree?

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 for damage caused by fallen trees is often posed to the owners' associ…

Navigating the Aftermath of Hurricane Helene in Western North Carolina

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 claims to safeguarding your community, we offer these resources to …

Political Season is Upon Us: Guidance for Navigating Political Sign Display in Community Associations

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 their declaration or covenants, conditions, &…

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…

What! My Flood Policy Doesn’t Cover Flood Damage?! This, and Other Pitfalls of NFIP Flood Insurance Policies

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 the program and writes the terms of the Standard Flood In…

Recent Case Law Does Not Doom All Rental Restriction Amendments

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 adopted by a condominium association or homeowners association. …

A Few Things You Should Know in Case of Windstorm Damage to Your Home or Building

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 having a plan and the peace of mind that comes with owning a g…

I Still Have Not Found What I Am Looking For: Finding the Right Records

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 shareholders of a business corporation. Rarely, however, do members or the b…

Defamation 101 for Community Associations

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 the board from a disgruntled community member, assertions from b…

Leaving the Nest: Healthy Community Association Transition

Written By Dana M. Lingenfelser and 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 control …

Tax Treatment of the Sale of Social Club Assets Upon Liquidation

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 fishing clubs, college sororities and fraternities, a…

Navigating the Homefront: A Guide to Handling Violations in Community Associations

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 agrees to abide by the community's governing documents…

Condominium Governance: Unpacking the Implications of Alexander v. Burkey for Condominium Associations

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 of Appeals' opinion upheld the ability of condominium associations to determine…

Ward and Smith: Our Highlights of 2023

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 new practice groups, and been recognized in some pretty rare air, if we do say so ou…

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

In 2023, a torrent of proposed legislation targeted community associations and their management companies.   In response, the North Carolina Legislative Action Committee (NC LAC) of the Community Associations Institu…

Top 10 Most Popular Articles of 2023

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 attorneys have provided valuable insights into various legal considerations. Here are…

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…

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.   &…

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…

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…

I am a Volunteer, so I am Protected, Right?: Understanding Director and Officer Liability Insurance for Community Associations

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.  Notwithstanding their statu…

Digital Decision Making: Community Association Board of Directors Can Conduct Business Electronically

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 Association business electronically through various modern …

When ABC, Inc. Buys the House Next Door and Next Door and Well, You Get the Idea

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 on a relatively new phenomenon that is fast becoming one of the …

When 2 Minus 1 Still Equals 2: Combining Lots in a Planned Community

Written By Dana M. Lingenfelser and Kristin D. Mitcham

"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?" NOT NECESSARILY! Owners of adjoining lots in subdivisions often decide to combine them for a va…

Beware of Procedural Pitfalls in HOA Foreclosures

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 interest.  But to do so, associations must comply strictly wit…

Best Practices For Homeowner Association Directors and Boards

Written By Kristin D. Mitcham and 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 governed by a board of direct…

Stormwater Permits: Preventing Your Owners Association From Getting Stuck with Unnecessary and Potentially Large Expenses

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 by their terms upon comp…

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…

Community Association Restrictions Last Forever … Right? Community Association Restrictions and the Confusion Surrounding Tax Sales

Written By Dana M. Lingenfelser, Kristin D. Mitcham, and 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 assessments.   The reasoning for these beliefs can range from "I…

Community Association Building Blocks: Community Drainage and Flooding and Architectural Control Parameters

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 problems was the focus of Ward and Smith's lat…

Land Use and Zoning Basics for Community Associations

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 is part of Ward and Smith’s Community Association B…

Buying and Selling Real Estate in the Community Associations Universe

Written By Kristin D. Mitcham and 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 do own those and other types of real estate in many dif…

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

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 to prevent the transmission and spread of COVID-19, including executive o…

State Stormwater Program Amendments Significant for Those Affected by Post Construction Stormwater Permits

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 in an environmental omnibus b…

Privacy and Data Security for HOAs: What Your Community Association Needs to Know

Written By Angela P. Doughty, CIPP/US, AIGP

Privacy and Data Security is the body of law that addresses how an organization can collect, handle, and use personally identifiable information and how that information needs to be protected. Community Associations quite…

What Community Associations Should Know from HOA Attorneys

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 housing arrangements in North Carolina. To date, nearly 27% of the state's popu…

"Batten Down the Hatches: Named Storm-Preparedness for Community Associations"

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 season is anything like the last, community associations are in for another year of …

Restrictive Covenants: What Are They And Why Should You Care?

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 until the end of the due diligence period before purchasing the proper…

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

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 pay their assessments, and whose accounts need to be referred for collectio…

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…

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…

Who is the Declarant? And Why Does it Matter?

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 restrictions described in a "Declaration" for a planned community …

Can Our Community Association Still Hold its Annual Meeting?

Written By Kristin D. Mitcham

For many community associations, the first quarter of the year signals the time to notice and hold annual meetings of their membership.  For a better understanding of what a community association is all about, please…

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

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 quantity of writing is unprecedented, and led to an inc…

The Role of the Community Association Attorney

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 monument signs leading into the community.  But at their b…

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

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.  In many cases, the mere threat of having a lien placed against the own…

CDC Enacts New Residential Eviction Moratorium

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 a temporary Order ("Order") halting certain residential evictions to…

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 …

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…

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…

Breaking News for NC Community Pools: New Law Limiting Liability Signed Today

Written By Adam M. Beaudoin and Kristin D. Mitcham

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 The Buzz Part VI, of North Carolina House Bill 902, signed i…

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

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 all decisions to be made on behalf of a Community Association will be ma…

Significant Restrictions Imposed on Public and Community Pools for Phase 2 Reopening in NC

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 state.  To enter Phase 2, the Governor issued Executive Order 141 to imple…

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…

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…

ARC Approval – Gotta Have It

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 North Carolina Court of Appeals…

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…

When a Condominium Falls Down

Written By Samuel B. Franck and Kristin D. Mitcham

Buildings do not last forever.  Eventually, gravity and time will prevail over concrete, steel, wood, and glass.  The risks associated with that life span are captured well in transactions related to single-fami…

Two Pairs of Eyes Are Better Than One: Why Community Associations and Developers Should Have Separate Legal Counsel

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 a similar three-step process.  First, a real estate …

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…

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…

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…

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

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 filed at the General Assembly this week. The abilit…

They Are Taking Our Common Area!

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 utility company, to take private property for a public purpose.  The …

"We'll Just Kick Him Out!" Member Discipline and Expulsion in Private Clubs

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 General Statutes. Specifically, N.C. Gen. Stat.…

New Coastal Stormwater Program Variances May Benefit Community Associations

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 Governor's veto that includes relaxation of environmental provisions.  This…

Trademarks and Community Associations: Maintaining Your Community's Brand

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 good name?  If your communit…

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

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 meeting of the association's members at least on…

Community Associations: Proxies at Meetings are from Mars and Written Ballots are from Venus

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 necessary on an annual basis to elect the Boa…

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

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 a named storm, causes property to saturate…

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…

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

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 of states and hundreds of cities and counties have enacted laws making designated public places "sm…

Unwrapping the Riddle: What is a Community Association?

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 clear understanding of what the heck the community association…

New Stormwater Rules Effective January 1, 2017

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.  North Carolina is no differe…

The Attorney Client Privilege in Community Associations

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 not discrimi…

What's So Special About Special Meetings? A Brief Look Into Special Meetings of Property Owner Associations

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 annual membership meeting to discuss and transact certain association busines…

Treating with the Enemy: Civil Collaborative Practice

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 a lawsuit, in the hope that you can annihilate the person who did you wrong.   But if it'…

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

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 the number, size, and type o…

Let it Snow, Let it Snow, Let it Snow

Written By Adam M. Beaudoin and Allen N. Trask, III

Many property owners' associations across North Carolina are faced with the annual challenge of clearing snow and ice from the community's roads, sidewalks, and other common areas.  Assuming there is no specific guida…

Community Associations Legislative Update – 2015 Long Session

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 that could affect Community Association managers, members of con…