News and Notes

DON’T SWEAT THE THREATS – Part 1

THE BUSINESS JUDGMENT RULE Tim and Steve Sellers   This is the first in a four part series that explores the protections the law provides for those who serve their communities as association directors and officers in North and South Carolina. Association officers and directors are a caring bunch. They spend hours working to better their communities…
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LIEN IT OR LOSE IT

Not A Surprise But A Good Reminder   It is always reassuring when a court decision confirms something we have been telling our North Carolina clients for years. Ever since the provisions of Section 3-116 found their way into the North Carolina Condominium Act in 1986 and into the North Carolina Planned Community Act in…
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WHEN IT COMES TO WORKERS’ COMPENSATION INSURANCE, LETS BE PRACTICAL

In recent weeks there has been an increase in chatter in the local media, as well as other information outlets, regarding the application of the North Carolina Workers' Compensation Act to homeowners associations in North Carolina. This activity has prompted a flood of inquiries as to whether associations must, or should, obtain worker's compensation insurance.After…
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CAROLINA COURTS SPEAK TO LIMITS ON AMENDMENTS…AGAIN

Two Case Studies by Stephen C. Sellers North Carolina Wallach v. Linville Owners Association, Inc. July 1, 2014 The NC Court of Appeals has confirmed that satisfying all of the procedural steps necessary to pass an amendment isn't always enough to make it enforceable in court.  In Wallach v. Linville Owners Association, Inc., the Wallachs sued…
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