Q: Our homeowners association’s board of directors forgave homeowners who were two to three years behind on their assessments. This was done without our knowledge, and we found out about it before our annual meeting. Is this legal? This seems unfair to the homeowners who pay their dues every year. A:  There is nothing in […]

In North Carolina, the Planned Community Act applies to single-family and townhome communities and the Condominium Act applies to condominiums. The Nonprofit Corporations Act applies to the corporations that are established to run the associations. South Carolina does have some laws that apply to homeowners associations, but it depends on the type of association. The […]

No, your Registered Agent is not some double-naught spy on a clandestine mission to ferret out rules violations in your neighborhood. Every corporation is required by law to designate a Registered Agent (“R/A”) – a person or company physically present in the state, upon whom legal process will be served in proceedings involving or affecting […]

Are Outgoing Board Members Entitled to a “Lame Duck” Period? Q:  I am a homeowners’ association (HOA) manager. I regularly encounter board members who assume they are entitled to a “lame duck” period after their successors are elected like what happens with the president of the United States. Only once, years ago, have I seen […]