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Restrictive Covenants › Community Associations

Ward and Smith, P.A.

Understanding Community Association Authority: Regulating Parking on Community Streets in North Carolina

Ward and Smith, P.A. on

When residents call to complain about their neighbor's vehicle blocking the street or a commercial truck parked overnight, you need to know what your association can—and cannot—do to address these concerns. Let's examine the...more

Ward and Smith, P.A.

Red Rover, Red Rover, Come on Over? Understanding Pet Policies in Community Associations

Ward and Smith, P.A. on

In general, as long as such restrictions are drafted clearly, the North Carolina Courts will uphold their enforcement; however, there are several factors community associations should consider when establishing and enforcing...more

Lasher Holzapfel Sperry & Ebberson PLLC

Is There Anything My Neighborhood Can Do to Ban Short-Term Rentals?

Lasher Holzapfel Sperry & Ebberson PLLC on

In 2014, long before the pandemic spurred the proliferation of short-term residential home rentals like those offered through Airbnb and other services, the Washington Supreme Court in Wilkinson v. Chiwawa Community...more

Parker Poe Adams & Bernstein LLP

North Carolina Court of Appeals Refuses to Enforce 'Unreasonable' Amendment to Restrictive Covenant Prohibiting Short-Term Rentals

Parker Poe Adams & Bernstein LLP on

The North Carolina Court of Appeals waded into territory that has become increasingly challenging for developers and homeowners' associations (HOAs) to navigate: the regulation of short-term rentals....more

Ward and Smith, P.A.

Installation and Use of Solar Power Systems in North Carolina

Ward and Smith, P.A. on

If you live in North Carolina, you likely have read or heard stories about HOAs prohibiting members from installing solar panels on their properties or of members being sued by their HOA for doing so.  But, can an HOA...more

Cranfill Sumner LLP

HOA Restrictive Covenants Impacts

Cranfill Sumner LLP on

The North Carolina Court of Appeals recently published an opinion in Bryan v. Kittinger that has the potential to impact how community associations, such as HOAs, can amend restrictive covenants. The Court also ruled on the...more

Amundsen Davis LLC

Homeowner Associations and Service Animals in Common Areas Part 1: ADA Considerations

Amundsen Davis LLC on

Most residential homeowners and condominium associations have restrictive covenants or rules regulating the size, number or types of pets owners may keep in their residences. Some associations may prohibit pets in the common...more

Ward and Smith, P.A.

Political Season is Upon Us: Guidance for Navigating Political Sign Display in Community Associations

Ward and Smith, P.A. on

With Presidential, Senate, and House elections less than thirty days away, political signs are popping up in yards everywhere. Many community associations have restrictions in their governing documents prohibiting or...more

Ward and Smith, P.A.

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

Ward and Smith, P.A. on

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

Ward and Smith, P.A.

Leaving the Nest: Healthy Community Association Transition

Ward and Smith, P.A. on

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

Ward and Smith, P.A.

The Land and Everything that Goes with it: How Community Association Restrictions "Run with the Land"

Ward and Smith, P.A. on

It may be hard to believe, but community associations ("Associations") occasionally deal with homeowners who don't think they are required to pay assessments. The reasoning for these beliefs can range from "I don't use the...more

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