As some of our readers will recall, the HOA world entered a collective state of fear in the middle of May 2021 when C Investments 2, LLC vs. Auger bore into the public view. North Carolina has a longstanding law, the Marketable Title Act (MTA), which is intended to extinguish old land restrictions that limit […]
Author Archives: Benjamin Karb
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”), […]
The NC Court of Appeals, in a published opinion (i.e., the opinion is binding precedent), got egg on its face in the case of Bryan v. Kittinger. The Court begins its opinion by citing a New York case: “The issue is, what is chicken?” The Kittingers and the Bryans are next-door neighbors in the 16-lot Sleepy […]
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. […]
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 […]
Carolina Common Elements 