Adam Beaudoin on Board of Directors

One of These Things Is Not Like the Other: Proxies, Written Ballots, and Electronic Voting

All community associations, at least annually, are faced with action items requiring a vote of their membership. For example, community association membership participation is necessary on an annual basis to elect the...more

6/23/2022 / Ballots , Board of Directors , Community Associations , Corporate Governance , Planned Communities , Proxy Voting Guidelines , Voting Requirements

Heavy Is the Head That Wears the Crown: Board of Director Authority in a Community Association

The Board of Directors for a Community Association functions in a very similar capacity as the Board of a standard corporation. Approximately 95% of all decisions to be made on behalf of a Community Association will be...more

6/10/2020 / Articles of Incorporation , Board of Directors , Bylaws , Community Associations , Condominium Act , Condominiums , Corporate Governance , Planned Communities , Real Estate Development

The Business Judgment Rule: How Corporate Directors Can Sleep Better At Night

What is the Business Judgment Rule? The North Carolina Business Corporation Act (the "Act") imposes certain requirements on corporate directors to ensure that they act in the best interest of the corporation when making...more

2/24/2020 / Board of Directors , Business Corporation Act , Business Judgment Rule , Corporate Governance , Corporate Officers , Directors , Fiduciary Duty , Personal Liability

The Member’s Role in a Community Association

Congratulations! You just purchased your first home in a planned community and became a member of a community association... So now what? You have automatically become a member of the association within your...more

9/6/2019 / Board of Directors , Bylaws , Community Associations , Corporate Governance , Homeowners Association (HOA) , Planned Communities

Don't Jump Without a Parachute! Understanding Community Association Insurance Needs

In the aftermath of Hurricane Florence, many Community Associations located in the Eastern part of the state had a rude awakening when they discovered they didn't have the right amount and/or proper type of insurance...more

7/15/2019 / Board of Directors , Community Associations , D&O Insurance , Hurricane Florence , Insurance Industry , Liability Insurance , Natural Disasters , Planned Communities , Workers' Compensation Claim

When 2 Minus 1 Still Equals 2: Combining Lots in a Planned Community

...Owners of adjoining lots in subdivisions often decide to combine them for a variety of reasons. But, in a planned community governed by an owners' association, the owner may have to obtain consent and the effect the...more

10/26/2018 / Board of Directors , Community Associations , Condominiums , Corporate Governance , Easements , Homeowners Association (HOA) , Property Owners

Making Sure the Good Deed Goes Unpunished: Navigating Director and Officer Liability Insurance for Community Associations

A community or property owner association ("Association") acts through board members and officers who are volunteers and are generally willing to serve because they care about their communities. But in this day and age,...more

4/18/2018 / Board of Directors , Commercial General Liability Policies , Community Associations , D&O Insurance , Insurance Industry , Liability Insurance , Policies and Procedures , Policy Terms , Risk Management

Community Associations: Proxies at Meetings are from Mars and Written Ballots are from Venus

Most community associations, at least annually, are faced with action items requiring a vote of their membership. For example, community association membership participation is necessary on an annual basis to elect the Board...more

2/22/2018 / Ballots , Board of Directors , Bylaws , Community Associations , Nonprofits , Planned Communities , Proxy Voting Guidelines

No Ifs, Ands, or Butts: Regulating Smoking Within Community Associations

The past twenty years have seen a dramatic uptick in the regulation of smoking, as dozens of states and hundreds of cities and counties have enacted laws making designated public places "smoke-free." For its part, the North...more

3/17/2017 / Apartments , Board of Directors , Common Areas , Community Associations , Condominiums , Covenant of Quiet Enjoyment , Proposed Legislation , Public Health , Smoking Bans , State and Local Government

Adam Beaudoin

Ward and Smith, P.A.

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