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 [...]
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 [...]
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 [...]
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 [...]
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, [...]
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 [...]
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 [...]
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 [...]
Case study - ARCADIAN SHORES SINGLE FAMILY HOMEOWNERS ASSOCIATION V. CROMER (South Carolina) Sometimes courts must revisit and reemphasize legal principles we might think are well settled and go without saying. In Arcadian Shores Single Family Homeowners Association, Inc. v. Cromer, the South Carolina Court of Appeals addresses two such issues [...]
