Condominium Defects in the Carolinas

This column was written by my law partner Greg Shelton. 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 […]

Rules of the Road for HOAs

Ed. note: this article was written by my associate Ben Karb 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 docum`ents, and even if not, North Carolina statutes authorize boards to enact rules and regulations. […]

Who Pays?

This column was written by Allen Norwood, a columnist with the Charlotte Observer.  It was published in the Observer’s “Home|Design” section on March 19, 2019, and is re-printed here with permission. As parts of the Southeast struggle in the wake of powerful storms, consider: Who would be responsible for repairing damage if a tree fell […]

What is “Fiduciary Duty”?

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? In basic terms, a fiduciary is someone entrusted to make decisions on behalf […]

Help Wanted!

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 […]

To Serve or Not to Serve?

This week’s column was written by my law partner Kimberly Sullivan, whose practice is focused on liability and insurance defense and risk management. Q:  Our HOA is planning a fall party at the community clubhouse, and we want to serve (but not sell) alcohol.  How can we minimize our risk? A:  Selling alcohol at a […]