By Michael S. Hunter With the growth of Airbnb, VRBO and other web-based short-term leasing platforms over the last several years, many communities have had legitimate concerns with the impact that short-term leasing has on the character of their communities. Complaints about misbehaving tenants, overcrowding, loud parties late into the night, and other problems (even […]
In 2021, in the wake of scandals involving the use of shell companies to hide assets, Congress passed legislation known as the Corporate Transparency Act (the “CTA”). The broad legislation is aimed at people who use LLCs and corporations as “shell” companies to hide assets. For years the legislation sat dormant while official guidelines were […]
Below is an update from the North Carolina Legislative Action Committee of the Community Association Institute regarding several legislative bills that were introduced this year. We remain very concerned about several of the proposals that remain in the current versions of the bills. Unfortunately, the legislators on the committee(s) have effectively ignored any input from […]
By Michael S. Hunter NC House Bill 542 was filed in March of this year. It has gone through multiple revisions by various committees since then, is now in its third version, and has been re-referred to the Senate Committee on Rules and Operations of the Senate. It was conceptualized as sort of a “consumer […]
Most every declaration establishing a condominium or planned community contains a list of “use restrictions” governing how the units or lots may be used. These restrictions cover things like architectural and design standards, pets and other animals, parking and storage of motor vehicles, trailers, fences, sheds, nuisances, and standards for home maintenance and landscaping. Some […]
As some of our readers will recall, the HOA world entered a collective state of fear in the middle of May 2021 when C Investments 2, LLC vs. Auger bore into the public view. North Carolina has a longstanding law, the Marketable Title Act (MTA), which is intended to extinguish old land restrictions that limit […]
Over the past couple of years, we have seen an increasing number of old-growth trees being toppled in severe storms. Homes, cars, fences and other property have been crushed. In one recent case, just a few blocks from my home, the resident was killed. We are getting an increasing number of inquiries from our clients […]
Yes, it’s that time of year again for HOAs. No, not the holiday season—it’s budget season! Most HOAs use the calendar year as their fiscal year, and now is the time of year that many boards of directors are formulating their budgets for next year. Here are some tips for making the budget and next […]
These days, it seems like there’s no such thing as a minor disagreement. Normally, owner-to-owner disagreements between neighbors in a homeowners’ association or condominium association fall outside of the association’s authority or jurisdiction, but not necessarily when the disagreement reveals a more-sinister motive: discrimination. HOAs and condos are subject to the Fair Housing Act (“FHA”), […]
There has been a bit of consternation among HOA boards around Charlotte the last few months before and after the City Council approved the controversial “2040 Plan” that will guide development in the city for the future. In particular, it is the provision that allows the city to rezone neighborhoods currently zoned for single-family residential […]
Carolina Common Elements 