Homeowner Association Records

June 6th, 2016 | Posted in Homeowner Associations (HOA) Law

One of the first things that happens when a homeowner has an issue with the management of an HOA and the actions of the board of directors is a records request. Therefore it is important for homeowners and boards to know what records are required to be kept and what records should be provided to …Read More

Private to Public Roads

April 1st, 2016 | Posted in Business Litigation, Construction Litigation, Consumer Law, Homeowner Associations (HOA) Law, Real Estate Litigation

Usually when a new planned community is build, the developer will build and install the infrastructure of the neighborhood, including the roads. At this time, they, along with all the lots and common areas, are owned by the developer. The developer should also incorporate a homeowner’s association at this time. The developer will then typically …Read More

HOA Meetings

February 12th, 2016 | Posted in Homeowner Associations (HOA) Law

I know, your HOA meeting is boring, at a bad time, at a bad place, and it is just a bunch of people complaining. Still, there are good reasons to attend these meetings. This article goes into more depth, but the major reason in my opinion is the election of directors. No matter how entrenched …Read More

Email Meetings

December 11th, 2015 | Posted in Business Litigation, Contract Litigation, Homeowner Associations (HOA) Law

Homeowner Associations and other non-profit corporations are frequently managed by unpaid and part-time executive board members. These folks usually don’t think anything is wrong with circulating emails trying to make a decision, rather than the more tedious and time-consuming work of conducting an actual meeting. However, attempted action done in this manner is not the …Read More

The Pretty Committee

December 7th, 2015 | Posted in Homeowner Associations (HOA) Law

Many homeowner associations have an architectural review committee or board, whose job it is to oversee the appearance and structure of homeowner’s lots and enforce the declarations and the rules of a planned community. The declarations limit the amount of power the ARC has over each homeowner’s lot. Some are limited only to setbacks and …Read More

Electronic Meetings

January 27th, 2015 | Posted in Business, Business and Commercial, Homeowner Associations (HOA) Law

With the near universal use of email, texting, Twitter, and instant messaging, small corporations and homeowner associations frequently try to use these services for the business of the company. While this practice can be valuable and efficient to manage a company or planned community, it normally cannot be used to exercise the powers and authority …Read More

HOA v. The Doctor

January 9th, 2015 | Posted in Homeowner Associations (HOA) Law | Tagged , , , , ,

English: The current TARDIS seen at BBC TV Centre and taken by me Zir (talk) 23:04, 20 January 2009 (UTC) Please credit © zir.com if used outside of Wikipedia Category:Doctor Who images (Photo credit: Wikipedia) Homeowner Associations exist to manage planned communities. Part of that duty is to enforce the restrictive covenants of the community. …Read More

Executive Sessions

December 18th, 2014 | Posted in Homeowner Associations (HOA) Law

Frequently homeowner association and other nonprofit board of directors announce they are going into “executive session” and close the meeting to only the board. The North Carolina Planned Community Act provides that meetings of the organization are governed by Robert’s Rules of Order, unless the bylaws provide for a different manual of policy and procedure. …Read More