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So far sellers has created 17 blog entries.

DON’T FORGET! NORTH CAROLINA ANNUAL ASSOCIATION ACTION ITEMS

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 [...]

2020-09-17T23:39:32+00:00HOA LAW|

HOME OWNERS ASSOCIATIONS BEWARE OF “UNDERTAKINGS”

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 [...]

2019-12-13T17:55:01+00:00Uncategorized|

MAKING ROBERT’S RULES OF ORDER WORK FOR YOUR HOA

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 [...]

2019-12-13T17:59:18+00:00Uncategorized|

SOUTH CAROLINA GETS ITS “ACTS” TOGETHER

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 [...]

2019-12-13T18:00:40+00:00HOA LAW, Uncategorized|

SPECIAL TAX TREATMENT FOR ASSOCIATION PROPERTY

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 [...]

FINES ARE FINE BUT PENALTIES ARE NOT IN SOUTH CAROLINA

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 [...]

DON’T SWEAT THE THREATS – PART 4

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 [...]

2019-12-13T18:22:18+00:00Uncategorized|

DON’T SWEAT THE THREATS – PART 3

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 [...]

DON’T SWEAT THE THREATS – PART 2

DIRECTOR AND OFFICER IMMUNITY Tim and Steve Sellers   This is the second 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. In North Carolina, directors and officers are individually immune from civil liability [...]

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 [...]

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