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I Still Have Not Found What I Am Looking For: Finding the Right Records

Although a nonprofit corporation does not have to file an annual report, its members do have statutory inspection rights similar to those of the shareholders of a business corporation. Rarely, however, do members or the board...more

Be Sure to Insure: 10 Types of Business Insurance Coverage to Consider

When it comes to protecting your business, having the right insurance coverage is crucial, but how do you know what types of coverage you need? The first step is understanding some of the key different types of insurance...more

Condominium Governance: Unpacking the Implications of Alexander v. Burkey for Condominium Associations

Last month, the North Carolina Court of Appeals issued its opinion in the case of Alexander v. Burkey, 894 S.E.2d 291 (2023).  The Court of Appeals' opinion upheld the ability of condominium associations to determine in their...more

The Corporate Transparency Act: Your Questions, Answered

Confused by what you've read about the Corporate Transparency Act? You're not alone. Read on to learn what it is, who it applies to, what it will do, and the requirements for compliance....more

Mo Money, Mo Problems? No Biggie for a Homeowner's Association, Right?

Was your community association lucky enough to come in under budget last year? On the surface, this might appear to be a bonus, but if not handled properly, it can quickly turn into an unexpected tax burden. ...more

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

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, at a minimum, to...more

I am a Volunteer, so I am Protected, Right?: Understanding Director and Officer Liability Insurance for Community Associations

Community associations ("Associations") act through their board members and officers, who are volunteers and are generally willing to serve because they care about their communities.  Notwithstanding their status as...more

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

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

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

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

Breaking News for NC Community Pools: New Law Limiting Liability Signed Today

Just in Time for Fireworks: North Carolina Governor Signs into Law Limited Immunity from COVID-19 Related Claims Arising from the Reopening of Community Pools - The Buzz - Part VI, of North Carolina House Bill 902,...more

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

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

HOA Boards and the Coronavirus

We are seeing the emails already. "We have a Board Meeting and need to award the contract for the pool, but we shouldn’t be in the same room. How do we do this?" "We have a Membership meeting scheduled for April but we...more

The Business Judgment Rule: How Corporate Directors Can Sleep Better At Night

What is the Business Judgment Rule? The North Carolina Business Corporation Act (the "Act") imposes certain requirements on corporate directors to ensure that they act in the best interest of the corporation when making...more

The Member’s Role in a Community Association

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

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

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

When 2 Minus 1 Still Equals 2: Combining Lots in a Planned Community

...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

Making Sure the Good Deed Goes Unpunished: Navigating Director and Officer Liability Insurance for Community Associations

A community or property owner association ("Association") acts through board members and officers who are volunteers and are generally willing to serve because they care about their communities. But in this day and age,...more

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

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

No Ifs, Ands, or Butts: Regulating Smoking Within Community Associations

The past twenty years have seen a dramatic uptick in the regulation of smoking, as dozens of states and hundreds of cities and counties have enacted laws making designated public places "smoke-free." For its part, the North...more

What is a Community Association? Unwrapping the Riddle

There are approximately 14,000 planned communities located throughout North Carolina, but very few of the nearly 3 million residents of such communities have a clear understanding of what the heck the community association...more

Home Owners Associations: Beware of the Fair Housing Act When Enforcing Pet Prohibitions and Restrictions

Many planned communities, townhome communities, and condominiums (collectively, "Associations" since they are nearly universally governed by one) have restrictions that either prohibit or limit the number, size, and type of...more

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