News and Notes

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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HERE TODAY, GONE TOMORROW

Nothing lasts forever. This is especially true of the legal rights and remedies we think that we have. Sometimes, they slip away with time. Other times, they're taken from us. Either way, they are lost forever as these two cases illustrate. Two Case Studies BAD THINGS MAY COME TO THOSE WHO WAIT Trillium Ridge Condominium…
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ENOUGH IS ENOUGH HELP WHEN A RESIDENT GOES TOO FAR

Case Study - Federal Point Yacht Club Association v. Gregory Moore (North Carolina) By Stephen C. Sellers There is a glimmer of hope on the horizon for associations struggling with what to do about obnoxious - even hostile - residents who scoff at the fines and suspensions typically used to try and bring them back into…
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WARNING! COVENANTS “TOO VAGUE” TO ENFORCE

Case Study- Harrison vs. Land's End of Emerald Isle Association, Inc. 692 S.E.2d 487 (North Carolina 2009) By Tim Sellers NOTE: We originally reported on this case in 2010. Questions we have been asked over the past few months lead us to believe that many would benefit from a refresher on the case and its implications.  We…
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