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 […]

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. […]

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. […]