Carolina Common Elements Legal Disclaimer
This blog discusses topics of interest to homeowners’ association board members, residents of communities with associations, and community property managers, across North Carolina and South Carolina. Comments shared here are general in nature and are not intended to provide legal advice for readers.
About Horack Talley’s Community Association Practice
Through representing over 700 community associations in the Carolinas, our team is uniquely positioned to provide guidance to our clients on every aspect of condominium and community association law. Our firm’s services cover the entire spectrum of condominium and community association law, including legal treatment of the following:
- Creating and organizing homeowners’ associations
- Interpreting, enforcing, and amending restrictive covenants, bylaws, and other governing documents
- Collection of unpaid dues and assessments, including liens, foreclosures, and bankruptcies
- Attending homeowners’ association meetings and advising HOA boards on governance, compliance, and other related issues
- Real estate transactions, title disputes, and condemnation proceedings
- General litigation and dispute resolution
Collection of Delinquent Dues
Although there are various methods that can be used for the collection of dues, experience has taught us that the claim of lien/foreclosure process is the most efficient and cost-effective. We have systemized much of this process, and as a result of these efficiencies are able to render these services on a “flat fee” basis rather than billing by the hour, keeping costs down.
General Counsel Services
We frequently act as general counsel to homeowners’ associations. These services may include matters such as researching and rendering legal opinions on interpretation of the declarations and bylaws; association and board governance issues; dealing with violations of restrictive covenants or rules and regulations; condemnation/eminent domain proceedings by local and state governments; attending board and association meetings; and assisting with amendments to the declarations and bylaws.
Our practice also covers the representation of HOAs in bankruptcy court. The most common Chapter 13 bankruptcy relief sought by HOAs, the motion for relief from stay, must be filed prior to commencing any collection activities on dues that become due after a homeowner files for bankruptcy. This motion is handled by our firm on a flat fee basis. Often the fees can be recouped from the debtor’s Chapter 13 plan.