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So far sellers has created 17 blog entries.

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 [...]

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, [...]

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 [...]

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 [...]

2019-12-13T19:30:38+00:00HOA LAW|

REGULATIONS ARE NOT RESTRICTIONS – INCONSISTENT ENFORCEMENT MAY RESULT IN WAIVER

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 [...]

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