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
The North Carolina General Assembly passed Senate Bill 16 and presented it to the Governor on August 4th. The act creates a commission to study the process for mediation or arbitration of disputes between property owners and their association. The commission is required to report its findings and recommendations to the 2018 regular session of the General Assembly when it convenes next year. Litigation of such disputes can be very expensive and the cost of such litigation has discouraged some property owners and associations from pursuing their claims. However, requiring arbitration could likely include a prohibition on the appeal of any decision, leaving property owners and associations stuck with rulings by an arbitrator or arbitration panel that are in direct
Amendments to the Declarations of planned communities subject to the Planned Community Act must have the approval of at least 67% of the votes allocated by the Declarations. In most all circumstances, each lot has one vote meaning that there must be “Yes” votes cast by the owners of at 67% of all lots—not just the lots that vote. A lot that fails to vote is the equivalent of a “No” vote.
In an August 1, 2017 decision, Tanglewood Property Owners’ Ass’n v. Isenhour, et al., the North Carolina Court of Appeals affirmed the duty of a property owner that has the right to use an easement in a subdivision to pay for a share of the cost of maintaining the easement. In this case a voluntary property owners’ association created prior to the Planned Community Act was awarded judgment against a lot owner who claimed that he did not use all of the roadway easement in a subdivision and was not a member of the association. The Court’s opinion restated the principle that the obligation to contribute to road maintenance can be calculated on a pro rata (per lot) basis without
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.