Month: March 2013

Business Judgment Rule in Homeowners Associations

Under the community documents (declarations/covenants, bylaws, rules and regulations) and under the planned community and condominium acts in North Carolina, an HOA has certain obligations, for example, maintaining or repairing the common elements of the association. Unless it specifically sets forth in the declarations how late the pool can stay open or how many times […]

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Can A Spouse be Excluded From Your Will?

  What if a spouse would like to leave their property to a person other than their current spouse? A person may create a will that leaves none of their property to their spouse. However, the spouse, may dissent from or reject the provisions of the will and take a share of the property of […]

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Corporate Pro Se Representation

In North Carolina, a person has a right to represent themselves in court, even if they are not a lawyer. However, even though a corporation or LLC is considered a “person” for many legal issues, they are not capable of representing themselves in court. Even a small corporation that is owned 100% by one individual, […]

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Free Speech in an HOA

Recently, a retired police officer in Southport NC challenged a rule by his homeowner’s association prohibiting religious or political gatherings at the community’s amenities center. The homeowner felt that this was an infringement of his constitutional rights. After holding meetings and gathering petition signatures, the HOA board agreed to change the rule. Some people may […]

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