In order to be effective, amendments to the declarations must be recorded in accordance with Section 47F-2-117(e) of the Planned Community Act. Contact Bill Cannon firstname.lastname@example.org or Martha Bradley email@example.com if you need assistance with properly recording an amendment to your declarations.
Many of the problems that face community associations have their origin in poor communications. Many lot owners have little contact or interest in the association until such time as they complain about some activity or lack of service. Community associations that are the most successful make an effort to keep their members informed on a regular basis so that a trusting relationship is developed. In our experience, the biggest challenge to a well-run association does not come from a large number of members opposing the association board but is caused by a complete lack of interest and cooperation by many lot owners. If a substantial number of apathetic lot owners are only contacted when the association needs their approval of some
A September 5, 2017 opinion by a panel of the North Carolina Court of Appeals expands the assessment power of associations beyond limits previously set by that court. In Conleys Creek Limited Partnership v. Smokey Mt. Country Club Prop. Owners Ass’n, COA 16-647 (September 5, 2017) the panel dealt with the association’s assessment of dues for a clubhouse owned by the developer. Although acknowledging three prior decisions by other panels of the Court of Appeals holding that an agreement to pay dues for a golf course was a personal covenant between the lot owner and the original developer, this panel of the Court of Appeals greatly expanded the power of associations. The association argued that the Planned Community Act did not
Did you know that information about consumer insurance is available for free from the North Carolina Department of Insurance? This website contains valuable information regarding your auto and vehicle insurance.
The terms “Statutes of Limitation” and “Statutes of Repose” are often confused. A statute of limitation limits the amount of time that a claimant has to file suit. Statutes of limitation generally begin to run on the date the cause of action accrues which, in most cases, is the time of an injury or the discovery of an injury to property of a person. They are purely a procedural defense to a claim. Technically speaking, the claim continues to exist but no relief can be obtained once the statute of limitation has expired. Statutes of repose are considered to be more rigid in their application. Time limitations for statutes of repose are usually not measured from the day the cause of action accrues. Instead, they
Lurking in the standard automobile policy used in North Carolina is a trap for the unwary. The standard policy extends coverage to a temporary substitute automobile if the insured vehicle is out of normal use because of its breakdown, repair, servicing, loss, or destruction. However, the temporary substitute automobile cannot be owned by the person operating it as a substitute. In addition, coverage for a temporary substitute automobile has been denied when the covered vehicle was still operable although in very poor condition. If you intend to temporarily use a motor vehicle for convenience while your regular vehicle is otherwise available for normal use, you should contact your insurance agent regarding possible coverage for this temporary vehicle. If you have
If you have a problem with nuisance or dangerous bear, call the N.C. Wildlife Helpline, a service of the North Carolina Wildlife Resources Commission. Do not attempt to trap or to kill a bear on your own. In addition to possible physical injury or death, you could face serious legal trouble for violating various federal or state wildlife regulations.
The best way to prevent problems with bears is to avoid unintentionally feeding them. Secure bags of trash inside cans stored in a garage, basement, or other secure area. Place trash outside, as late as possible, or trash pick-up days – not the night before. Keep all garbage sites clean. If a bear is in the area, remove bird or hummingbird feeders, even if they’re advertised as “bear proof”. Avoid “free-feeding” pets outdoors. Do not leave pet food out overnight. If you must feed pets outdoors, make sure all food is consumed and empty bowls are removed. Clean all food and grease from your grill or outdoor kitchen after each use. Bears are attracted to food odors and may investigate.
Damage to Your Automobile Yes. There’s insurance for that. Make sure your automobile insurance includes this relatively inexpensive type of coverage. Your deductible can be as low as Zero Dollars ($0), and will provide coverage for a number of scenarios, including: missiles or falling objects; fire; theft or larceny; explosion or earthquake; windstorm; hail, water or flood; malicious mischief or vandalism; riot or civil commotion; contact with a bird or animal; or breakage of glass. (Read more on auto coverage in the NC Department of Insurance Consumer Guide here.) While the missiles, explosions, or riots are uncommon here in WNC, we do have an abundance of wildlife who would just love to eat that leftover granola bar in your front
In a decision handed down December 16, 2014, the North Carolina Court of Appeals unanimously upheld the decision of the Buncombe County Superior Court awarding more than $1,400,000 to the Town of Black Mountain against two bond companies. Cannon Law, P.C.’s Bill Cannon, along with Black Mountain Town Attorney Ron Sneed, represented Black Mountain when the bond companies refused to pay for completion of subdivision improvements after the developer defaulted. Lexon and Bond Safeguard Insurance Companies had argued that annexation by the Town had terminated the bonds that were issued while the property was in the County. They also argued that the Town had failed to file suit within three years of the developer defaulting on its obligations. The Court