News & Analysis as of

Board of Directors Planned Communities

Ward and Smith, P.A.

Defamation 101 for Community Associations

Ward and Smith, P.A. on

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

Shumaker, Loop & Kendrick, LLP

Mandate Under s. 720.303(2)(e), Florida Statutes Requires HOA Boards to Consider MRTA at First Regular Board Meeting Each Year

The Florida Marketable Record Title Act (MRTA) is a statute that can have harsh consequences, including the ability to extinguish an Association’s deed restrictions if an Association does not take timely remedial measures,...more

Miles Mediation & Arbitration

The Ties That Bind — Like it or Not: A Primer on Homeowners’ Associations in Florida

Well-manicured lawns, beautiful entranceways, uniformity of appearance, security cameras, and clutter- free home exteriors are but a few of the many benefits of living in a community controlled by a “homeowners’ association...more

Ward and Smith, P.A.

Digital Decision Making: Community Association Board of Directors Can Conduct Business Electronically

Ward and Smith, P.A. on

This year at the 2023 Community Associations Institute (CAI) Law Seminar in New Orleans, Louisiana, one breakout session focused on Boards of Directors conducting Association business electronically through various modern...more

Ward and Smith, P.A.

One of These Things Is Not Like the Other: Proxies, Written Ballots, and Electronic Voting

Ward and Smith, P.A. on

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

Ward and Smith, P.A.

Community Association Building Blocks: Community Drainage and Flooding and Architectural Control Parameters

Ward and Smith, P.A. on

Many homeowners in North Carolina experience issues with excessive surface water flow and localized nuisance flooding after rain events.  How communities deal with these problems was the focus of Ward and Smith's latest...more

Winstead PC

Sustainable Governance: Responding to Changed Circumstances

Winstead PC on

A planned community developer needs to control operation and administration of the covenants and community association for some period of time to ensure orderly development and sale of project. The developer has invested...more

Ward and Smith, P.A.

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

Ward and Smith, P.A. on

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

Ward and Smith, P.A.

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

Ward and Smith, P.A. on

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

Ward and Smith, P.A.

Budget Ratification: Understanding the Ghost of Budgets PAST When Preparing for the Future

Ward and Smith, P.A. on

It's that time of year again. The holidays are upon us, and the end of the year is drawing near. As we reflect on the unprecedented past year, many of us begin to look forward and think, "What's next?" With a New Year...more

Ward and Smith, P.A.

The Role of the Community Association Attorney

Ward and Smith, P.A. on

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

Ward and Smith, P.A.

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

Ward and Smith, P.A. on

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

Ward and Smith, P.A.

Your HOA Got Served: Now What?

Ward and Smith, P.A. on

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, P.A.

Heavy Is the Head That Wears the Crown: Board of Director Authority in a Community Association

Ward and Smith, P.A. on

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

Ward and Smith, P.A.

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

Ward and Smith, P.A. on

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

Ward and Smith, P.A.

The Member’s Role in a Community Association

Ward and Smith, P.A. on

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

Ward and Smith, P.A.

Don't Jump Without a Parachute! Understanding Community Association Insurance Needs

Ward and Smith, P.A. on

In the aftermath of Hurricane Florence, many Community Associations located in the Eastern part of the state had a rude awakening when they discovered they didn't have the right amount and/or proper type of insurance...more

Ward and Smith, P.A.

A Dogfight Over Neighborhood Rules: Amending Homeowners Association Bylaws

Ward and Smith, P.A. on

Picture yourself in your new home in Tranquility Acres, a planned community built five years ago by one of the region's best residential developers. Last year your neighbor Barney finally completed construction of his home...more

Ward and Smith, P.A.

Best Practices For Homeowner Association Directors and Boards

Ward and Smith, P.A. on

Approximately 65 million Americans reside in a subdivision, condominium complex, or other planned community which is governed by a community association. The typical community association is governed by a board of...more

Ward and Smith, P.A.

Hot Topics from the Community Association Institute's Law Seminar

Ward and Smith, P.A. on

Each year, the Community Association Institute ("CAI") assembles the top community association attorneys from around the country to participate in its Community Association Law Seminar, an education and networking event that...more

Ward and Smith, P.A.

Community Associations: Proxies at Meetings are from Mars and Written Ballots are from Venus

Ward and Smith, P.A. on

Most 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 Board...more

Ward and Smith, P.A.

Some, But Not All: How the North Carolina Planned Community Act affects Pre-1999 Planned Communities

Ward and Smith, P.A. on

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

22 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide