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 […]

Condominium Defects in the Carolinas

This column was written by my law partner Greg Shelton. Condominium owners associations (COAs) are usually responsible for maintaining and repairing roofs, exterior walls, and other building envelope components. If the building envelope has not been designed or constructed properly, water will find its way into the building and attack studs, sheathing, and other structural […]

Rules of the Road for HOAs

Ed. note: this article was written by my associate Ben Karb We frequently are asked by our HOA (homeowners’ association) clients to review their rules and regulations. Boards are often granted the authority to adopt rules by the HOA’s governing docum`ents, and even if not, North Carolina statutes authorize boards to enact rules and regulations. […]

Who Pays?

This column was written by Allen Norwood, a columnist with the Charlotte Observer.  It was published in the Observer’s “Home|Design” section on March 19, 2019, and is re-printed here with permission. As parts of the Southeast struggle in the wake of powerful storms, consider: Who would be responsible for repairing damage if a tree fell […]