Homeowner’s Drain Tile Trenches Wreak Havoc in Neighbors’ Yards Question: A member of our homeowners’ association believes he does not have to follow our subdivision’s covenants, conditions, and restrictions (or CCRs). He filled in the natural depression of the drainage ditch in his back yard to level the area. He then built a catch basin at his property line where the natural water flow would normally have gradually drained onto the adjacent lot and installed drain tile trenches that …

Governing Rules for Age-Restricted Communities Ed. note:  this month’s column was written by my associate Ben Karb. Question:  I live in a subdivision that was marketed as a 55+ community, but I cannot determine that the developer included any age restrictions in our Master Deed.  If the developer did not include the “legal” requirements in the Master Deed or our CC&Rs, what can be done to be sure that our development meets the legal requirements?  I read about an …

HOA Approval for Video Doorbells in Multifamily Buildings Security concerns are always at or near the top of the list of priorities in shared ownership communities. With personal home technology evolving at a dizzying pace, many homeowners are considering the installation of video doorbells such as those offered by Ring or Nest. However, for owners living in private residential communities, particularly in multifamily buildings, those owners may be subject to advance association approval requirements under the terms of their …

How to Manage Condo Defects in the Carolinas Condominium owners associations (COAs) are usually responsible for maintaining and repairing roofs, exterior walls, and other building envelope components. If the building envelope has not been designed or constructed properly, water will find its way into the building and attack studs, sheathing, and other structural components that hold the building up. The resulting decay, hidden between the exterior and interior walls, may go undetected for years. Modern condominium buildings are particularly …

Should your HOA Ban Short-term Rentals? In early June, 2019 at an apartment in uptown Charlotte, gunfire erupted at a graduation party. One person was killed and three more were injured, one of them critically. Residents of the entire complex were forced out of their units into the street in the middle of the night while the police conducted their investigation. The local news reported that the apartment had been rented through Airbnb, a short-term-rental company. Risks of short-term …

The Rules of the Road for HOAs with Rules and Regulations We frequently are asked by our HOA (homeowners’ association) clients to review their rules and regulations. Boards are often granted the authority to adopt rules by the HOA’s governing documents, and even if not, North Carolina statutes authorize boards to enact rules and regulations. Within HOAs there exists a hierarchy of governing documents. At the top is the Declaration of Covenants, Conditions and Restrictions (the Declaration), followed by …

Two common questions for maintenance & repair in an HOA: Who’s going to fix it? And who’s going to pay for it? Question: As parts of the Southeast struggle in the wake of powerful storms, consider: Who would be responsible for repairing damage if a tree fell on your condo or townhouse? Who would pay?  The answers can be complicated. But they’re important, and you don’t want to wait for that hypothetical tree to come crashing down before you understand …

What does Fiduciary Duty mean for directors and officers of HOA? Question: The directors and officers of a homeowners’ association (HOA) are said to have a “fiduciary duty” to the members of the association that they serve. What exactly does that mean, and what do those directors and officers need to be aware of? Answer: In basic terms, a fiduciary is someone entrusted to make decisions on behalf of another, in a relationship involving a confidence of trust. In …

Major changes for South Carolina HOA Laws This column was written by my law partner Cynthia Jones, who is licensed to practice in both North and South Carolina. There have been multiple attempts by the South Carolina Legislature over the years to enact laws concerning planned communities and homeowners’ associations (“HOAs”). Unlike North Carolina, until recently South Carolina had no laws for planned communities other than one pertaining to horizontal properties (condominiums). This year, legislation dealing with planned communities …

Looking for a new career? Consider Community Management! With the explosive growth of residential development over the last 20 years or so in the greater Charlotte region (and elsewhere), there has been a tremendous increase in the number of community and condominium associations, commonly referred to as “HOAs.” While the members of some communities choose to manage their HOA themselves, the vast majority hire professional management companies to handle the administrative tasks involved in running an HOA, which include …