Adam Beaudoin

Adam Beaudoin

Ward and Smith, P.A.

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Condominium Governance: Unpacking the Implications of Alexander v. Burkey for Condominium Associations

Last month, the North Carolina Court of Appeals issued its opinion in the case of Alexander v. Burkey, 894 S.E.2d 291 (2023).  The Court of Appeals' opinion upheld the ability of condominium associations to determine in their...more

1/30/2024  /  Appeals , Community Associations , Condominiums , Corporate Governance , Maintenance

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

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
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