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 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 [...]

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 [...]

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 [...]