Allen Trask, III at Ward and Smith, P.A.

Leaving the Nest: Healthy Community Association Transition

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

11/15/2018 / Community Associations , Community Development , Planned Communities , Property Owners , Restrictive Covenants

Industrial Hemp News Update: DEA Reschedules CBD Therapy

As we have written before, the legal world of cannabis-derived products is dynamic and uncertain. The current uncertain environment was born in the wake of legalization for medical or recreational marijuana in a handful of...more

10/3/2018 / Agricultural Sector , Controlled Substances Act , DEA , Decriminalization of Marijuana , Food and Drug Administration (FDA) , Hemp , Marijuana , Marijuana Cultivation , Marijuana Related Businesses

Meeting Street: Safely Traveling the Road to Community Association Annual Meetings

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

9/13/2018 / Annual Meeting , Board Meetings , Board of Directors , Community Associations , Governance Standards , Voting Rights

Making and Keeping Your Mark: Hemp Brand Protection in a Brave New World

For North Carolinians, hemp is here. The federal legalization of hemp grown under state-sanctioned research programs in the Agricultural Act of 2014, combined with the myriad uses of hemp, including cannabidiol (aka,...more

8/21/2018 / Classifications of Goods , Decriminalization of Marijuana , Goods or Services , Intellectual Property Protection , Lanham Act , Marijuana , Marijuana Related Businesses , Trademark Registration , Trademarks , USPTO

N.C. Supreme Court Holds Real Estate Brokers May Testify on the Issue of Fair Market Value

In a recent opinion, the North Carolina Supreme Court expanded the possibilities of allowable testimony about a property's fair market value. In its decision in North Carolina Department of Transportation v. Mission...more

3/14/2018 / Condemnation , Department of Transportation (DOT) , Expert Testimony , Fair Market Value , Federal Rules of Evidence , Just Compensation , NC Supreme Court , Property Owners , Real Estate Brokers , Rule of Evidence 702

Hemp Horizon: Time for Growth?

The Legal Commercialization of Industrial Hemp in North Carolina - North Carolina is an agricultural power house. The state's farmers contribute over $80 billion to the economy every year and grow all sorts of...more

2/26/2018 / Agricultural Sector , Decriminalization of Marijuana , Department of Justice (DOJ) , Emerging Markets , Hemp , Manufacturers , Marijuana , Marijuana Cultivation , Marijuana Related Businesses , State Pilot Programs

NC Oyster and Marine Aquaculture Makes a Splash

North Carolina is prioritizing the marine fisheries and oyster industries to provide growth opportunities for non-urban coastal communities. Activities in the North Carolina House of Representatives and Senate during the last...more

11/3/2017 / Commercial Leases , Department of Environmental Quality , Fishing Industry , Food Supply , Governor Cooper , Navigable Waters , Seafood , US Army Corps of Engineers

Being Dismissive: The Realities of Having a Lawsuit Dismissed

We often hear the phrases "frivolous case" or "thrown out of court," and, as these sayings imply, we make broad assumptions about the procedural and substantive validity of a lawsuit based on our subjective (and usually...more

11/15/2016 / Defense Strategies , Judgment on the Pleadings , Pleadings , Rules of Civil Procedure

The Attorney Client Privilege in Community Associations

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

10/26/2016 / Attorney-Client Privilege , Board of Directors , Community Associations , Homeowners Association (HOA) , Nonprofits , Privilege Waivers

What's So Special About Special Meetings? A Brief Look Into Special Meetings of Property Owner Associations

All North Carolina property owner associations are required by law to have regular meetings of the Board of Directors ("Board") and at least one annual membership meeting to discuss and transact certain association business. ...more

10/12/2016 / Annual Meeting , Board of Directors , Bylaws , Condominium Associations , Homeowners Association (HOA) , Property Owners , Special Meetings

Allen Trask, III

Ward and Smith, P.A.

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