These powerful storms are unpredictable, and despite our best efforts to prepare, they often leave a trail of destruction in their wake. When the winds finally die down and the floodwaters recede, they often leave behind a...more
8/21/2024
/ Business Ownership ,
Community Associations ,
Flood Insurance ,
General Contractors ,
Homeowners Association (HOA) ,
Hurricane Season ,
Incident Response Plans ,
Liquor Licences ,
National Flood Insurance Program ,
Property Owners ,
Severe Weather ,
Site Remediation ,
Wind Damage
It is no secret that community associations and boards are subject to frequent scrutiny.
Such scrutiny comes in many forms, including statements targeted at the board from a disgruntled community member, assertions from...more
7/5/2024
/ Board of Directors ,
Community Associations ,
Condominium Associations ,
Defamation ,
False Statements ,
Homeowners Association (HOA) ,
Libel ,
North Carolina ,
Planned Communities ,
Public Figures ,
Slander ,
State and Local Government ,
Statute of Limitations
North Carolina Community associations are typically developed by private developers that plan the community, build the infrastructure and improvements, develop the lots, and organize the property owners or community...more
Community associations ("COAs") are not typically thought of as property owners outside of perhaps the clubhouse, pool, or tennis courts.
However, COAs can and do own those and other types of real estate in many...more
The 2021 Atlantic hurricane season officially kicks off in t-minus 13 days, on June 1, 2021, and runs through November 30, 2021.
If this season is anything like the last, community associations are in for another year of...more
A key role of most community associations is to engage contractors, service providers, and vendors (all together, "vendors") to assist the community with its everyday needs.
These services can range from community...more
Residents of planned communities often must obtain approval prior to making any modifications to their homes and lots.
Through their declaration of covenants, conditions, and restrictions - commonly referred to as the...more
People often view Community Associations as simple collections of rule-obsessed homeowners that do little more than debate the color of the flowers under the monument signs leading into the community.
But at their best,...more
Nearly 30 percent of North Carolina's population lives in a community association of some sort, be that a condominium or single-family community.
Yet, confusion among the general population about the nature of community...more
The unfortunate reality for many community associations and their boards of directors is that at some point in their existence they will be sued.
When that happens, there are a number of basic but important "to-do's"...more
Ward and Smith's Community Associations attorneys have successfully defended a Wilmington area Community Association in the North Carolina Court of Appeals.
On April 21, 2020, the North Carolina Court of Appeals issued its...more
North Carolina has the third most planned communities in the United States after California and Florida.
All of these planned communities typically evolve in a similar three-step process. First, a real estate developer...more
The battle between "pesky, disrespectful, transient tenants," and "overbearing, Big Brother community associations" may be heating up in North Carolina, thanks to a bill filed at the General Assembly this week....more
The power of eminent domain, also referred to as condemnation, refers to the power of the government or other quasi-governmental entity, such as a utility company, to take private property for a public purpose....more
Community associations in North Carolina typically are developed by private developers that plat the community, build the infrastructure and improvements, develop the lots, and organize the property owners or community...more
Annual membership meetings are an essential thread of the fabric of community associations.
Indeed, North Carolina law requires that all community associations hold a meeting of the association's members at least once a...more
Few legal concepts rival the complexities surrounding the attorney-client privilege in community association matters. The confusion about these complexities, and the resulting misunderstandings, do not discriminate, roping...more