Elliot Engstrom recently joined Dacy Cavicchia, CMCA, AMS, PCAM on Association Management Group - Carolinas's Community Leaders Series podcast to discuss how governing board members can work with legal counsel to effectively manage risk. I and my colleagues at Sellers Ayers Dortch & Lyons spend all day every day helping community leaders manage the [...]
The Supreme Court of North Carolina unanimously determined that a condominium has the power of sale for foreclosure for nonpayment of an assessment given the plain language of the North Carolina Condominium Act of 1985 and the condominium association’s declaration. The court reversed the decision of the North Carolina Court of [...]
Sometimes, we all need a reminder to handle recurring action items that might be overlooked. That is particularly true this year when we are wrestling with a pandemic and other unexpected challenges. This is your reminder of the items that must be addressed annually in North Carolina so that you [...]
A word to the wise South Carolina Associations to Beware of "Undertakings" (NC Associations Should Pay Attention Too) Wright v. PRG Real Estate Management 219 S.C. LEXIS 17 2019 WL1273060 (2019) reversing 413 S.C. 276 775 S.E. 2d. 399, 2015 S.C. (2015) When Denise Wright inquired about possibly renting an apartment in [...]
North Carolina condominium and planned community associations have been required to conduct their meetings (board and membership) in accordance with Robert’s Rules of Order (“Robert’s Rules”) since 2005. While South Carolina associations are not statutorily required to follow Robert’s Rules, some are required to by their governing documents. Following Robert’s [...]
South Carolina Homeowners Association Act and Department of Consumer Affairs Services for Homeowners and Homeowners Associations Act became law on May 17, 2018 After years of trying, the South Carolina legislature has passed significant legislation regulating various aspects of homeowners association governance and administration. The South Carolina Homeowners Association [...]
Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury. There is not even a patriotic duty to increase one’s taxes. Over and over again the Courts have said that there is [...]
Until very recently, the question of the authority of a homeowners association to fine its members had never been squarely addressed by a South Carolina appellate court. That changed this past summer when the South Carolina Court of Appeals decided Brown v. Spring Valley Homeowners Association, Inc. In that case, the [...]
DIRECTOR AND OFFICER INSURANCE Tim and Steve Sellers This is the last in our 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. The business judgment rule and immunity cannot keep a person [...]
DIRECTOR AND OFFICER INDEMNIFICATION Tim and Steve Sellers This is the third 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. Just because a person cannot be held liable for damages doesn’t mean [...]
