The idea of being a property manager in Lake Wylie, SC may seem as though it would be simple enough, and for the most part it is. However, if you are wanting a career in property management, there are several aspects for which you must be ready to handle, or have people that can do them for you. If you are new to the property management field, or are considering it sometime in the future, there are a few points …

Restrictions on Indoor and Outdoor Meetings Lifted Effective May 14, 2021, North Carolina Governor Cooper’s restrictions on the allowable number of people for indoor and outdoor meetings and social distancing requirements were lifted.  For HOAs, this means that in-person board and member meetings may now be held with no capacity restrictions, social distancing or mask requirements.  There remain some mask mandates, mostly for schools, prisons, child care, and certain public transportation and health care facilities, but not for private …

Solar Panel Restrictions: The Court Of Appeals Illuminates Panel Restrictions A “hot” topic in HOAs is the extent of an HOA’s authority to regulate solar panels.  The legislature enacted a statute in 2007 that makes deed restrictions (i.e. a Declaration of Covenants, Conditions and Restrictions) void against public policy if they overly restrict an owner’s ability to install solar panels.  The statute is N.C. General Statute § 22B-20 for those interested in reading it. The courts have never shed …

Older Condominiums Thrown A Curve Ball By North Carolina Court Of Appeals The North Carolina Court of Appeals has issued a “published” opinion (meaning the case is binding authority for similar cases), effectively eliminating an important and effective tool for the collection of delinquent assessments for older condominiums: the “power of sale” foreclosure (“POSF”).  Also known as “non-judicial foreclosure,” the POSF essentially utilizes the same legal process as mortgage foreclosures, where a neutral third-party trustee oversees the foreclosure from …

A Dark Horse Wins in a Recent South Carolina HOA Foreclosure The South Carolina Court of Appeals just bridled an HOA’s attempt to foreclose a delinquent owner.  Thankfully, the case is unpublished (meaning that it is not binding precedent on future court cases).  Even though the case is unpublished, it signals a growing unease among the Court of Appeals about HOA foreclosures for small sums. In a case from the Columbia area, the Court of Appeals overturned a lower-court …

North Carolina Legislature Introduces Bill To Make Virtual HOA Meetings Permanent During the past 12+ months, most of us have gotten comfortable with conducting HOA board and membership meetings over virtual platforms such as Zoom, GoToMeeting, and Microsoft Teams.  The authorization for this method of conducting business came from a provision in one of the Governor’s early Covid-related Executive Orders, which has been extended multiple times and is currently set to expire on May 10.  Though nothing is certain, …

Ask the Experts: Credit Reporting  Q: More than a quarter of the owners in our 143-home association are delinquent paying their assessments. Is it possible to report these delinquent debts to a credit bureau? —North Carolina A: While it might sound attractive for your homeowners association to report the delinquent debts to one or more of the consumer-credit reporting agencies, such as Equifax, Experian, and TransUnion, as a collection tool, your community would have to be a member of the bureaus …

Time for Your HOA’S Annual Checkup It’s 2021, and while 2020 was a rough year, let’s try to keep 2021 as normal as possible. Like many Americans trying to set goals for the new year, HOAs and condominium boards should also. First, check on buildings’ health and other improvements for which the association is responsible for maintaining. Now might be an excellent time to see if delayed maintenance can be undertaken to the pool or amenities so they will …

Increasing Events of Rainfall and Flooding Cause Headaches for HOA’s – Part 2 A townhome community in Salisbury suffered unprecedented flooding rainfalls over the last two years. One townhome located in the community’s low-lying area sustained damage to the foundation and other structural components, to the point that the structure was starting to settle. Like most townhome communities, the HOA only provides exterior maintenance on the townhomes. The homeowner reportedly incurred expensive repairs to the foundation to cure mold …

Increasing Events of Rainfall and Flooding Cause Headaches for HOA’s – Part 1 Grandfather Golf and Country Club is a resort community in Linville’s North Carolina mountains, comprised of 250 single-family homes and 150 condominiums. One day in May 2018, the community experienced four inches of rain in two hours – something that had not been seen in recent memory. Bridges and cart paths on the golf course were washed away. The clubhouse flooded. Maintenance personnel reported that the force …