A Legal Moment
CTA Deadline for Community Associations Imminent
Lawsuit seeking to suspend filing deadline goes against community associations, leaving December 31, 2024 deadline in place.
Court of Appeals Rejects Short-Term Rental Amendment - Again
Just months after rejecting an STR Amendment in another case, the Court of Appeals "doubled down" by ruling a planned community's amendment prohibiting short-term rentals was "unreasonable" and therefore void.
Court of Appeals Rejects HOA STR Amendment Based on "Character of the Community"
Court finds condo amendment "unreasonable" in light of language in original declaration coupled with fact that short-term renting was "commonplace" in the condominium prior to the amendment
Deadline for Community Association Reporting Under the Corporate Transparency Act Approaches
The Act, which applies to most incorporated community associations, requires initial and ongoing disclosure of "beneficial ownership.”
NC Shores Up Protection Afforded to Restrictive Covenants under the Marketable Title Act
Law clarifies that the exception for restrictive covenants under the MTA covers entire Declaration -- albeit only under certain circumstances.
NC Authorizes Virtual Meetings of Community Associations
While one will never be able to say that the pandemic has had a “silver lining,” it has at least inspired a profound ‒ and welcome ‒ change in the way community associations may hold and conduct meetings.
Robert's Rules of Order Newly Revised is, um, Newly Revised
This Venerated Authority on Parliamentary Procedure is Updated for the First Time in a Decade.
Changed Circumstances (or not) in a Subdivision
In a somewhat curious opinion recently handed down, the North Carolina Court of Appeals took a fresh look at what constitutes a “general plan of development” in a subdivision for purposes of evaluating whether that plan has changed, and potential “waivers” of covenant enforcement by adjoining landowners.
Harsh Sanctions for e-Discovery Shenanigans
Two recent opinions by the North Carolina Court of Appeals suggest that North Carolina trial court judges are getting comfortable with the idea of imposing severe sanctions on litigants who fail to abide by the rules regarding electronic discovery.
Are the People Working for You "Employees" or "Independent Contractors"?
A recent opinion by the North Carolina Court of Appeals demonstrates that businesses may be held vicariously liable for the tortious (wrongful) acts of individuals whom the employer treats as “independent contractors.”
Rent-to-Own Agreements
A popular contract between Landlord/Sellers and Tenant/Buyers comes under increasing government scrutiny.
Community Association To-Dos: Carry Insurance and Conduct Routine Inspections and Maintenance
$20 Million Verdict Against HOA Counsels that There is More to Litigation Avoidance Than Purchasing Liability Insurance.
Decision Sheds Light on Owners’ Maintenance Obligation in a Voluntary Association; Reaffirms “Lot Combination” Rule
Property owners held responsible for contributing to the maintenance of all of their subdivision’s common areas even though they used only a portion of the roads and were not members of the voluntary owners’ association.
Attorney-Client Privilege and Community Associations
It is important to understand the nature and extent of the attorney-client privilege within the context of a community association if for no other reason than to avoid unintentionally waiving it.
Retroactivity of a Community Association's Amendments to Its Covenants
Question: if your community association passes an amendment to its covenants, is that amendment enforceable against owners who purchased their home or unit prior to the adoption of the amendment, or is it just enforceable against owners who purchase their property following the adoption of the amendment?
New FLSA Regs on Exemption from Overtime Pay
New "Salary-Test" Regulations set the Monetary Bar Significantly Higher on Whether a Salaried Employee Performing Executive, Administrative or Professional Duties is Exempt from the FLSA’s Overtime Pay Requirements.
GBS and SIRVA Injuries Poised to be Added to Vaccine Injury Table
HHS Proposes to Upgrade Two Common "Defacto" Table Vaccine Injuries to the Formal Table, Thereby Presuming Injuries Caused by Vaccine and Administration.
Community Association Leaders -- A Cautionary Tale!
A Recent North Carolina Case Illustrates the Potential Pitfalls of Using Inappropriate Pressure to Wrest Payment of Late Dues and Assessments.
Pending Bill Would Impose New Requirements on Subdivision Developers and Associations
Proposed Amendment to the Planned Community Act Seeks to Hem in Developers, Raise an HOA's Record-keeping Requirements, and Liberalize an Association's Authority to Amend its Declaration
Vaccine Injury Compensation Program
As the national debate continues over the competing interests of public health versus individual risk regarding compulsory vaccinations of children and adults, comparatively few people know of the Federal compensation program for victims of vaccine injuries.