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Defamation 101 for Community Associations

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

Leaving the Nest: Healthy Community Association Transition

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

Buying and Selling Real Estate in the Community Associations Universe

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

It's No Big Deal, Until It Is: Why Vendor Contracts Matter for Community Associations

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

Serving on Your Community Association’s ARC, ACC, or ARB? Take Note to Whom Your Fiduciary Duties Are Owed

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

The Role of the Community Association Attorney

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

Call of [Fiduciary] Duty: How Good Faith, Due Care, and Loyalty Guide Community Associations' Boards

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

Your HOA Got Served: Now What?

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

Two Pairs of Eyes Are Better Than One: Why Community Associations and Developers Should Have Separate Legal Counsel

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

Rental Rebellion: New Bill Would Change the Leasing Landscape in Planned Communities

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

They Are Taking Our Common Area!

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

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

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