Vague or Ambiguous Restrictions May Be Unenforceable

Most every declaration establishing a condominium or planned community contains a list of “use restrictions” governing how the units or lots may be used. These restrictions cover things like architectural and design standards, pets and other animals, parking and storage of motor vehicles, trailers, fences, sheds, nuisances, and standards for home maintenance and landscaping. Some […]

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 […]