If a Neighbor’s Tree Falls on my House – Who’s Responsible?

Over the past couple of years, we have seen an increasing number of old-growth trees being toppled in severe storms. Homes, cars, fences and other property have been crushed. In one recent case, just a few blocks from my home, the resident was killed. We are getting an increasing number of inquiries from our clients […]

‘Tis the Season: Budgets

Yes, it’s that time of year again for HOAs. No, not the holiday season—it’s budget season! Most HOAs use the calendar year as their fiscal year, and now is the time of year that many boards of directors are formulating their budgets for next year. Here are some tips for making the budget and next […]

Is Your Association Required to Confront the Bully?

These days, it seems like there’s no such thing as a minor disagreement. Normally, owner-to-owner disagreements between neighbors in a homeowners’ association or condominium association fall outside of the association’s authority or jurisdiction, but not necessarily when the disagreement reveals a more-sinister motive: discrimination. HOAs and condos are subject to the Fair Housing Act (“FHA”), […]

Charlotte’s 2040 Plan: No, the Sky Isn’t Falling

There has been a bit of consternation among HOA boards around Charlotte the last few months before and after the City Council approved the controversial “2040 Plan” that will guide development in the city for the future. In particular, it is the provision that allows the city to rezone neighborhoods currently zoned for single-family residential […]

Increasing Events of Extreme Rainfall and Flooding Cause Headaches for HOAs and Homeowners: Part II

“Don’t Rain on My Parade” This is the second column in a two-part series examining the effects of increasing rain and flooding events in the region. A townhome community in Salisbury suffered unprecedented flooding rainfalls over the last two years. One townhome located in the community’s low-lying area sustained damage to the Foundation and other […]

Increasing Events of Extreme Rainfall and Flooding Cause Headaches for HOAs and Homeowners: Part I

“Water, Water Everywhere” This article the first of a two-part series exploring the repercussions on communities and homeowners regarding the increasing number of flooding rains we have witnessed in our region over the past few years. Let me begin by saying I am not a climatologist. I have not researched historical weather and climate data. […]

Supreme Court Casts a Shadow Over Architectural Committee’s Rejection of Solar Panels

Over a year ago, I blogged about the case of Belmont Association v. Farwig, where the Court of Appeals held that an HOA could restrict solar panels because they were an “improvement” to a residence, and improvements required prior architectural approval. The Farwigs installed solar panels on the front of their house without architectural approval.  […]

Rules for Age-Restricted Communities

Ed. note:  this month’s column was written by my associate Ben Karb. Q:  I live in a subdivision that was marketed as a 55+ community, but I cannot determine that the developer included any age restrictions in our Master Deed.  If the developer did not include the “legal” requirements in the Master Deed or our […]