News + Insights

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

Written By Madeline C. Lipe

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 of disasters that communities across North Carolina may e…

The Aftermath: Recovering From a Hurricane

Written By Michael J. Parrish

September 13, 2023

Hope for the best and prepare for the worst—that's the best advice to protect yourself from hurricanes. Despite our best efforts, there's no telling what these storms will bring when they blow through town. Bu…

Three wooden human figures stand together next to a tick in the box

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

Written By Adam M. Beaudoin and Madeline C. Lipe

August 30, 2023

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…

Homeowner Association By People Holding House Model

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

March 29, 2023

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…

Pigeon heading away from a toy house in a bird's nest

Leaving the Nest: Healthy Community Association Transition

Written By Dana M. Lingenfelser and Allen N. Trask, III

February 15, 2023

North Carolina Community associations are typically developed by private developers that plan the community, build the infrastructure and improvements, develop the lots, and organize the property owners or commun…

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

Written By Madeline C. Lipe

January 27, 2023

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 …

Multiple home icons on board with several having arrow sold signs

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

January 18, 2023

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 …

2 Land plots in aerial view for development

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

Written By Dana M. Lingenfelser and Kristin D. Mitcham

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?" 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

December 7, 2022

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 Madeline C. Lipe and Kristin D. Mitcham

November 16, 2022

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…

The grate of the storm sewer after the rain

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

Written By Justin M. Lewis and Amy P. Wang

September 14, 2022

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

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 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

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 assessments. The reasoning for these beliefs can range from "I…

Red brick house damaged by a natural disaster

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

May 25, 2022

North Carolinians know when Hurricane season begins and ends; we know what a "spaghetti model" is; and we know who in our neighborhood has a generator! But do we know enough about windstorm insurance policies and ho…

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

Written By Eric J. Remington and Amy P. Wang

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

Land plot in aerial view for development

Land Use and Zoning Basics for Community Associations

Written By Clint H. Cogburn

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

House vale concept with wooden house on table with calculator, money, and pen

Buying and Selling Real Estate in the Community Associations Universe

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

January 19, 2022

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 C. Lipe and Amy H. Wooten

September 20, 2021

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

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 in an environmental omnibus b…

Top shot of a neighborhood connected digitally

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

Written By Angela P. Doughty, CIPP/US

June 30, 2021

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

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 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

May 19, 2021

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 …

Row of three white mailboxes and neatly trimmed lawns to illustrate restrictive covenants

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

Written By Justin M. Lewis

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 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

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

Close up hand of a man signing a signature document with an image of a house in the background

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

Written By Madeline C. Lipe and Allen N. Trask, III

February 26, 2021

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

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, and restrictions - commonly referred to as t…

A white party facemask on a black background

Who is the Declarant? And Why Does it Matter?

Written By Samuel B. Franck

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

Can Our Community Association Still Hold its Annual Meeting?

Written By Kristin D. Mitcham

January 8, 2021

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

Smiley face drawn in the fog of a mirror

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

Written By Laura V. Hudson

December 30, 2020

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…

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

Written By Madeline C. Lipe

December 4, 2020

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 unprecedented past year, many of us begin to look forward and think, "What's next?" With a …

The Role of the Community Association Attorney

Written By Allen N. Trask, III

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

A landscape showing political signs in neighborhood yards

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

Written By Adam M. Beaudoin and Kristin D. Mitcham

October 6, 2020

With Presidential, Senate, and House elections less than thirty days away, political signs are popping up in yards everywhere. Many community associations have restrictions in their governing documents prohibiting o…

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

Written By Thomas C. Wolff

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

A toy house under a glass dome with small prickly spheres representing the covid virus on the outside of the dome

CDC Enacts New Residential Eviction Moratorium

Written By X. Lightfoot and Hayley R. Wells

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

3 hands putting together puzzle shaped as a house

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

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 the general population about the nature of …

Toy houses on top of Jenga stack as hand pulls out a block

Your HOA Got Served: Now What?

Written By Allen N. Trask, III and Amy H. Wooten

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. 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

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 communities, condominiu…

Two whimsical pool floats in a pool, with the floating characters wearing medical facemasks

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

Written By Adam M. Beaudoin and Kristin D. Mitcham

July 2, 2020

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…

Gold crown sitting on a table with it's shadow reflecting on the table

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

Written By Adam M. Beaudoin

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

Inground pool with white chairs along surround deck

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

Written By Alexander C. Dale

May 21, 2020

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

May 19, 2020

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

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

outside shot of green grass on sunny day

ARC Approval – Gotta Have It

Written By Ryal W. Tayloe and Allen N. Trask, III

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 North Carolina Court of Appeals…

A neighbor's eyes peeking through horizontal blinds

HOA Boards and the Coronavirus

Written By Adam M. Beaudoin

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 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

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 are captured well in transactions related to single-fami…

Neighborhood of homes with sun shining on the homes

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

Written By Allen N. Trask, III

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

Hands moving mini homes around a white surface

The Member’s Role in a Community Association

Written By Adam M. Beaudoin

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 what a community association is all about, please clic…

Small white house on a tabletop with a green check mark on the house

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

Written By Jason T. Strickland

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 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

July 12, 2019

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…

House sitting on mud with flood waters surrounding it

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

Written By Michael J. Parrish

April 10, 2019

Congress created the National Flood Insurance Program (the "NFIP") to help make flood insurance more affordable in higher-risk areas. FEMA oversees the program and writes the terms of the Standard Flood Insurance Po…

Paper house sticking out of a piece of land that is dried and cracked

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

Written By Allen N. Trask, III

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 filed at the General Assembly this week. The abilit…

Red and White surveyor's equipment set up on a construction site

They Are Taking Our Common Area!

Written By Ryal W. Tayloe and Allen N. Trask, III

February 8, 2019

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 …

Paper chain of people facing single paper person

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

Written By Ryal W. Tayloe

January 16, 2019

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.…

A stormwater grate with fall leaves surrounding it

New Coastal Stormwater Program Variances May Benefit Community Associations

Written By Amy P. Wang

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

Trademarks and Community Associations: Maintaining Your Community's Brand

Written By Norman J. Leonard

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 good name? If your communit…

Man driving car while touching gps navigation screen

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

Written By Allen N. Trask, III

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 meeting of the association's members at least on…

Green and plush landscape side by side with a dry and barren landscape

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

Written By Adam M. Beaudoin

February 21, 2018

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…

Body of muddy brown water caught mid-splash

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

Written By Amy P. Wang

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 a named storm, causes property to saturate…

An open black residential mailbox completely overstuffed with mail

What NC Community Associations Need to Know about Fair Debt Collection

Written By Norman J. Leonard

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 happens, the Association, typically acting through its p…

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

Written By Adam M. Beaudoin

March 16, 2017

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…

Modern apartment building overlooking a lake

Unwrapping the Riddle: What is a Community Association?

Written By Adam M. Beaudoin

February 10, 2017

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…

Stormwater drain grate covered in leaves

New Stormwater Rules Effective January 1, 2017

Written By Amy P. Wang

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. North Carolina is no differe…

arrangement of old fashioned keys surrounding one old lock

The Attorney Client Privilege in Community Associations

Written By Allen N. Trask, III

October 26, 2016

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…

A charming neighborhood street with pretty two story homes and a sidewalk

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

Written By Allen N. Trask, III

October 11, 2016

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

August 30, 2016

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

August 11, 2016

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…

Person using a red shovel to shovel snow

Let it Snow, Let it Snow, Let it Snow

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

February 17, 2016

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

May 21, 2015

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…

Leverage Shift: Community Associations Facing Developer Transition Benefit From Court of Appeals' Decision

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

January 20, 2015

The North Carolina Court of Appeals recently issued an opinion that should make it easier for owners associations to pursue remedies against developers if they discover construction defects in the common elements after con…

Four fingers with angry faces and arms drawn on them with two fingers looking at the other two and they look like they are fighting with each other

I Really Don't Like My Neighbor's Tenants: Issues With The Use And Enforceability Of Rental Restrictions In Homeowners' Associations

Written By Allen N. Trask, III

December 3, 2014

It is an all too common situation, especially in coastal communities, mountain retreats, and college towns: You bought a home in a planned community that has a homeowners' association with thoughts of being able to e…

Planning And Enforcing A Successful Collections Policy

Written By Tyler J. Russell

August 26, 2014

As economic conditions struggle to improve, many community associations ("Associations") face the continuing challenge of chasing payment from a number of delinquent members. In light of these present conditions, for…

Collecting Your Association's Attorneys' Fees From Delinquent Owners: Making Collections Actions To A Money Judgment An Even Better Tool For Collecting Delinquent Dues In An Upside-Down World

Written By Norman J. Leonard

January 9, 2014

Nearly all community associations ("Associations") must cope with owners who fail or refuse to pay their periodic assessments, which are commonly referred to as monthly, quarterly, or annual "dues." Regardless of yo…

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

Written By Adam M. Beaudoin and Lee C. Hodge

July 30, 2013

The North Carolina General Assembly has adjourned its 2013 "long" session and has enacted a number of pieces of legislation of which community association managers and the members of the boards of directors of both condomi…

Red darts and black paper balls arranged on a grey background

Writing Some Wrongs: General Assembly Amends Planned Community Act and Condominium Act in Response to Unfavorable Court Decisions

Written By Adam M. Beaudoin and Justin M. Lewis

July 25, 2013

The North Carolina General Assembly recently enacted Session Law 2013-34 ("Act") that impacts homeowner associations and condominium associations (each an, "Association"). The Act was signed into law by Governor McCr…

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

Written By Adam M. Beaudoin and Lee C. Hodge

May 20, 2013

The North Carolina General Assembly is in the midst of its "long" session and has been considering a number of pieces of legislation of which community association managers and the members of the boards of directors of con…

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

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

May 17, 2013

The Nightmare You are an officer or director of a condominium association. It's 3:00 a.m. You are peacefully asleep in your condominium unit when another unit owner starts banging on your door. It seems …

Wood framing of a house on a construction site

Is a Restrictive Covenant With a Limitation on "Stories" Enforceable?

Written By Eric J. Remington

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. The subdivision (including your client's lots) is governe…

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

The Aftermath: Recovering From a Hurricane

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

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

Leaving the Nest: Healthy Community Association Transition

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

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

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

Beware of Procedural Pitfalls in HOA Foreclosures

Best Practices For Homeowner Association Directors and Boards

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

Installation and Use of Solar Power Systems in North Carolina

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

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

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

Land Use and Zoning Basics for Community Associations

Buying and Selling Real Estate in the Community Associations Universe

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

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

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

What Community Associations Should Know from HOA Attorneys

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

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

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

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

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

Who is the Declarant? And Why Does it Matter?

Can Our Community Association Still Hold its Annual Meeting?

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

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

The Role of the Community Association Attorney

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

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

CDC Enacts New Residential Eviction Moratorium

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

Your HOA Got Served: Now What?

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

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

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

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

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

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

ARC Approval – Gotta Have It

HOA Boards and the Coronavirus

When a Condominium Falls Down

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

The Member’s Role in a Community Association

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

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

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

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

They Are Taking Our Common Area!

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

New Coastal Stormwater Program Variances May Benefit Community Associations

Trademarks and Community Associations: Maintaining Your Community's Brand

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

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

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

What NC Community Associations Need to Know about Fair Debt Collection

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

Unwrapping the Riddle: What is a Community Association?

New Stormwater Rules Effective January 1, 2017

The Attorney Client Privilege in Community Associations

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

Treating with the Enemy: Civil Collaborative Practice

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

Let it Snow, Let it Snow, Let it Snow

Community Associations Legislative Update – 2015 Long Session

Leverage Shift: Community Associations Facing Developer Transition Benefit From Court of Appeals' Decision

I Really Don't Like My Neighbor's Tenants: Issues With The Use And Enforceability Of Rental Restrictions In Homeowners' Associations

Planning And Enforcing A Successful Collections Policy

Collecting Your Association's Attorneys' Fees From Delinquent Owners: Making Collections Actions To A Money Judgment An Even Better Tool For Collecting Delinquent Dues In An Upside-Down World

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

Writing Some Wrongs: General Assembly Amends Planned Community Act and Condominium Act in Response to Unfavorable Court Decisions

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

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

Is a Restrictive Covenant With a Limitation on "Stories" Enforceable?