The most common question community associations in planned communities (i.e., single, family homes) pose is, "How can we amend our declaration?" Of course, this question includes many layers: What is the proper procedure?;...more
When two or more people (whether spouses, romantic partners, friends, or business partners) purchase property, they put significant thought into, among other things, the property's value, appearance and condition, and how...more
Techlaw: Parties negotiating the terms of a deal must understand when the negotiating stops and a binding contract has been created, even if there is only a string of emails....more
Developers in North Carolina must obtain numerous permits from various governmental agencies before constructing a planned community or developing condominiums.
Most construction permits end by their terms upon...more
Restrictive covenants have a significant and substantial impact on the use and value of property; yet they are often ignored entirely or not considered until the end of the due diligence period before purchasing the property....more
What are commercial owners associations, and are they really that different from residential owners associations?
Commercial owners associations are nonprofit corporations that govern planned communities, condominiums, or...more
Who gets what when a lease of real property is over?
This is a question that can be problematic for both landlords and tenants. If the tenant installed additional improvements or made alterations to the premises, will...more
2/25/2019
/ Abandoned Property ,
Commercial Leases ,
Commercial Real Estate Contracts ,
Commercial Tenants ,
Contract Terms ,
Fixtures ,
Heavy Equipment ,
Landlords ,
Lease Termination ,
Personal Property ,
Property Improvements
...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
Exclusive use provisions are common in commercial leases, especially in large shopping centers with many tenants. An exclusive use provision essentially allows a tenant to use its premises for an intended specific use (for...more
Developers in North Carolina must obtain numerous permits from various governmental agencies prior to constructing a planned community or developing condominiums. Most construction permits end by their terms upon completion...more
A few months ago, we provided a summary of North Carolina House Bill 500 and how it would have clarified many ambiguities under our state's existing alcoholic beverage laws and benefitted the brewing industry. Unfortunately,...more
7/4/2017
/ Alcohol Beverage Control ,
Breweries ,
Distilleries ,
Pending Legislation ,
Proposed Regulation ,
Reporting Requirements ,
Restaurant Industry ,
Retail Sales ,
Retailers ,
TTB ,
Wine & Alcohol
In the aftermath of Hurricane Matthew many of us are dealing with damage caused by fallen trees. In planned communities, the question of responsibility for damage caused by fallen trees is often posed to the owners...more
After members take control of the board of directors of their owners association, they often want to amend their declaration and other governing documents and one of the changes they typically propose is the removal of all...more
Restrictive covenants have a significant and substantial impact on the use and value of property; yet they are often ignored entirely or not considered until the end of the due diligence period before purchasing the property....more
When two or more people (whether spouses, friends, or business partners) purchase property, they put significant thought into, among other things, the property's value, appearance, and condition, and how they are going to...more
In 1999, the North Carolina General Assembly enacted the North Carolina Planned Community Act ("Act") as Chapter 47F of the North Carolina General Statutes. The Act was intended to establish certain rights for property...more
A recent decision by the North Carolina Court of Appeals serves as a reminder that owners associations must deal fairly with their members at all times and board members must not let past disputes or personal issues cloud...more
Many owners' associations, especially the larger associations, pay workers to perform certain tasks for the benefit of the community. The kind of tasks these workers may perform ranges from landscaping, maintenance, and...more
Recently I have received a lot of questions from homeowners associations in planned communities regarding declaration amendments. Most of the questions are about procedure, member approval, and challenges to the amendment by...more