My first-grader and I have been reading “the Hobbit,” in anticipation of the movie coming out this month. While it was one of my favorite books as a kid, I had not read it in many years. Doing so, I was surprised at the amount of legal issues in the books, particularly contract law, […]
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With those lawyers, it would take a Christmas Miracle…
Last Sunday, the kids and I went to the Thalian Association’s production of “Miracle on 34th Street” a musical adapted from the 1947 movie starring Maureen O’Hara, Edmund Gwenn, and a very young Natalie Wood. My theater review: Wonderful entertainment, terrific cast, and catchy songs, with a kind of rare “Christmas Special” vibe that you […]
“How do we pay for that?” — Assessments and Fees for Homeowners Associations
Annual assessments for homeowners associations should be calculated to satisfy the budget and are shared equally among the homeowners pursuant to the allocations set forth in the declarations. Special assessments can also be passed pursuant to the declarations for larger or unexpected items, such as capital improvements or catastrophic damage. The better practice is to […]
“Can we afford to do that?” — Budgets for Homeowners Associations
HOA Finances begin with the annual budget since it is the basis for determining the amount of regular assessments and the possible need for special assessments. Under the statutes, the board of directors develops a proposed budget and then submits it to the membership for ratification, usually at the annual meeting. If it is rejected, […]
“Are you SURE they can do that?” — The Powers of a Homeowners Association
The standard powers of a HOA under N.C.G.S. Chapter 47C and 47F are fairly broad and usually consist of the enumerated powers contained in those statutues, including: Adopt and amend bylaws and rules and regulations; Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from lot owners; Hire and […]
“Can they do that?” — The Authority of a Homeowners Association.
In North Carolina, a HOA is usually initially formed by the developer of the planned community. A developer of a planned community will go though the permitting process with the county which usually includes preparing a plat or map of the development. That plat is filed with the county register of deeds and can be […]
Automobile Safety
Please check out this infographic, courtesy of Compliance and Safety on automobile safety. The best way to win a personal injury lawsuit, is to never have to file one. Featured By: C&S Blog –Bradley A. Coxe is a practicing attorney in Wilmington, NC with Hodges & Coxe PC who specializes in Personal Injury, Medical Malpractice, Homeowner's Associations, […]
Ground Control to Major Tom
Probably the most violated law I see by Homeowner Associations is restrictions on satellite dishes. The restriction is in nearly every set of Declarations I review and almost all are illegal provisions. Since 1996, the Federal Communications Commission has adopted a rule that prohibits restrictions that impair the installation, maintenance or use of antennas used […]
Qualifications for an Expert in North Carolina Medical Malpractice cases
Medical malpractice cases in North Carolina, like cases with complex or specialized facts, require expert testimony. Unlike other types of cases, North Carolina has strict rules on the person suing a doctor regarding what experts are allowed to testify and what types of opinions they can give. The following is some of the information I […]
Lawyer in a Box
Consumer Reports took a break from comparing washing machines and SUVs and subjected some of the do-it-yourself legal products to their testing and review. Using the products of LegalZoom, Nolo, Rocket Lawyer, and Quicken’s Willmaker Plus, the testers created a will, car bill of sale, a home lease, and a promissory note using those company’s […]
Welcome to the Pool
One of the first amenities that are built by developers of planned subdivisions and condominiums in North Carolina is the neighborhood pool. Pools are an attractive addition to a subdivision and developers and owners see them not only as a great place to socialize with neighbors and entertain the kids, but to enhance the value […]
Tenant’s Rights in Foreclosures
English: Foreclosure signs, Mortgage crisis, (Photo credit: Wikipedia) With the downturn of the economy, and the burst of the housing bubble, large numbers of landlords find themselves unable to meet their mortgage payments and their rental property goes into foreclosure. If you a a tenant, with a valid lease on the foreclosed property, what rights […]
The Magic Multiplier
In North Carolina, damages for personal injury involve several different kinds of damages. First are the hard damages or “specials” as some call them. These are the damages where the amounts are usually easy to determine. As long as medical bills and lost hours at work can be shown to be caused by the negligence […]
Amending the Amendment
West face of the United States Supreme Court building in Washington, D.C. Español: Edificio de la Corte Suprema de Estados Unidos en Washington, D.C. (Photo credit: Wikipedia) A few days ago, Amendment One was passed in North Carolina by a margin of 61 percent to 39 percent according to unofficial results, with only seven of […]
Amendment One
On May 8, 2012, North Carolina citizens will be going to the polls to cast their vote in the Republican Primary. Also at stake in this election is an issue which should be of great importance to all voters, regardless of their political party, whether to vote FOR or AGAINST a proposed amendment to our […]
Chris Brown, Rihanna, and What Comes Next
Below is a post that my friend, Roger Canaff first posted on his excellent site where he discusses criminal law and violence against women and children. I thought it an excellent discussion of this area and he graceously gave me permission to share it here. —————————————- If an adult, even a young one, can be labeled […]
Buckle It.
The night of Valentine’s Day, I heard a loud boom outside my house. I thought a tree had fallen or a transformer blew. About five minutes later, at least five police cars came streaming now the street. Looking a few houses down, I saw a horrific wreck where an SUV had wrapped itself around a […]
Good TV
I’ve watched a lot of lawyer shows over the years. The first I remember was “The Paper Chase” which was actually about law school. After watching that I decided I didn’t want to be a lawyer just from the shear amount of stress it appeared that law students have. (Of course I did eventually go […]
HOA lien procedure
The following is a list of the steps our office does when assisting homeowner's associations in collecting on past due assessments. Usually, the matter is resolved after the lien is placed and seldom do we have to resort to a sale of the delinquent owner's property. Our office obtains a list of delinquent payers from […]
Asset Protection
Asset protection employs legal techniques that deter others from taking, or in some cases, attempting to take your assets. The complexity of any asset protection plan depends largely on what types of assets you have, and what type of work you do. A typical asset protection case involves the formation of one or more […]