Too often we represent property owners who are surprised to find a lien on their property after hiring a contractor for new construction or renovations. Chapter 44A, Article 2 of the general statutes of North Carolina gives construction contractors, design professionals and suppliers the right to place a lien upon property that has benefited from their service or material and to foreclose the lien if they are not paid. There are two types of liens commonly used against property owners: (1) liens upon property and (2) liens upon funds. A construction lien upon property is a direct claim on the real estate improved that can result in the real estate being sold to pay the claimant. Liens upon funds enable
Criminals posing as IRS officials continue to bilk unsuspecting citizens out of their money using scam telephone calls threatening to have you arrested for nonpayment of taxes. If you receive a call that you suspect is an IRS impersonation scam, contact the Treasury Inspector General for tax administration (TIGTA) at 800 – 366 – 4484 to report the call. Find additional information on avoiding IRS scam calls here.
Every amendment to the Declarations shall be recorded in every county in which any portion of the Planned Community is located and is effective only upon recordation. N.C. Gen. Stat. § 47F-2-117.
Associations subject to the Planned Community Act are required to maintain property insurance on the common elements and liability insurance. If the insurance is not available, the Association is required to give notice of that fact to all lot owners either by hand-delivery or by United States mail. N.C. Gen. Stat. § 47F-3-113.
An Association subject to the Planned Community Act shall not be liable for maintenance, repair, and all other expenses in connection with any real estate which has not been incorporated into the planned community. N.C. Gen. Stat. § 47F-3-107(e).
Disputes sometimes arise when a mountain stream is a boundary line. Even though there may be a recorded plat showing metes and bounds of a stream boundary, the actual location of the stream prevails over the description in a plat.
As spring moves into summer, mountain residents and visitors spend more time in the outdoors taking advantage of our beautiful weather and scenery. Dog owners should be aware of the potential liability that may arise when your dog is allowed to roam free without any restraint. Many communities have restrictive covenants in their deeds requiring dogs to be kept in fenced yards or on a leash when off the owner’s property. Towns and counties may have ordinances with similar provisions. If you fail to comply with deed restrictions and/or ordinances and a neighbor or visitor is injured by your dog, you could be held liable for damages. Some breeds of dogs can cause you to lose your insurance coverage or
A significant portion of our practice involves property line disputes. The steep terrain in Western North Carolina combined with a large number of deed descriptions referring to boulders and trees can make it difficult to determine the exact location of a boundary line between two adjoining parcels of property. In addition, modern survey technology has improved the accuracy of surveys and frequently the distance and bearing calls will vary from those shown in an old plat of survey. If you have a question about the proper location of your boundary line, action should be taken immediately to determine the proper location. Under North Carolina law, possession of property for a period of more than 20 years, combined with acts that
The death or incapacity of a member appointing a proxy does not affect the right of the corporation to accept the proxy’s authority, unless notice of the death or incapacity is received by the Secretary or other officer or agent authorized to tabulate votes before the proxy exercises authority under the appointment. N.C. Gen. Stat. § 55A-7-24.
Filing a lien and pursuing a civil action are two options available to associations for collecting unpaid assessments and fines from delinquent lot owners. It is also critical that you carefully evaluate the costs and benefits to the association before electing to pursue foreclosure. Many associations attempt to file their own liens without the assistance of an attorney, but because there are very technical statutory requirements involved, many miss the mark. These mistakes are critical because filing an invalid lien can constitute slander of title for which an association may be sued, in addition to creating a permanent obstacle to collecting the unpaid assessments. Mistake #1: Not waiting long enough before filing the lien. General Statute section 47F-3-116 governs the