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 […]
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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. […]
Q: I recently had water damage which my homeowners’ association (“HOA”) is repairing. During reconstruction, the contractor found termites. My HOA instructed me that it was my obligation to treat for termites. When I bought my townhome in 2008, I was told my HOA would provide termite treatment. I recently found out that the HOA […]
Ed. note: This column was written by my colleague Donna Dimaggio Berger. Donna is a Shareholder in the Florida law firm of Becker & Poliakoff and is the author of the popular Community Association Law blog which can be found at ww.communityassociationlawblog.com. I want to express my gratitude to Donna for allowing me to share […]
In early June, 2019 at an apartment in uptown Charlotte, gunfire erupted at a graduation party. One person was killed and three more were injured, one of them critically. Residents of the entire complex were forced out of their units into the street in the middle of the night while the police conducted their investigation. […]
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 […]
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. […]
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 […]
The directors and officers of a homeowners’ association (HOA) are said to have a “fiduciary duty” to the members of the association that they serve. What exactly does that mean, and what do those directors and officers need to be aware of? In basic terms, a fiduciary is someone entrusted to make decisions on behalf […]
Carolina Common Elements 