Homeowner Associations

Community associations, in the form of planned neighborhood associations or condominium associations, have changed the landscape of residential home ownership throughout the Greater Charlotte area, North Carolina and South Carolina. As many homeowners are looking to preserve the values of their homes and neighborhoods, they purchase in planned communities for that purpose. Being in a planned community unites owners with their neighbors with shared obligations in order to reap common and uniform benefits.

Community associations are frequently looked upon to assist in keeping neighborhoods safe, sanitary and sightly. Many associations play a significant role in their members’ quality of life by providing playgrounds and recreational areas or by simply making sure that front entrances and homeowner front lawns are landscaped and well kept. Many associations have the ability to enforce that potentially dangerous animals don’t roam neighborhood streets or make sure all pets are leashed and under their owners’ supervision. Finally, as the area continues to grow, a neighborhood can provide a sense of identity formerly provided by our public entities. In recognition of this, many community associations field swim or other sports teams or represent their members in the support or opposition of public road construction projects or zoning changes. As time goes on, the possibilities continue to grow with what a community can do to benefit each owner.

With the increased prominence, community associations are facing a multitude of legal challenges. The State of North Carolina has enacted two comprehensive legislative bodies, the NC Planned Community Act (NCGS 47-F) and the NC Condominium Act (NCGS 47-C) to provide guidelines for the operation of community associations and to define the rights of the associations and their members. These Acts are supplemented by other statutes such as the NC Nonprofit Corporations Act (NCGS 55-A) and by the growing case law derived from litigation matters.

Our office represents many associations all over North Carolina and South Carolina and assist them, and their members, as they wade through the confronting legal issues. We have extensive experience in drafting and setting up real estate covenants as well as corporate governing documents that implement the needs for the neighborhood and ensure the continuation of those goals following the completion of development. Recognizing the need for change as the challenges in communities often changes over time, we assist communities by writing amendments to their governing documents that meet the needs and goals that are individual to each community. We have also assisted many existing neighborhoods in starting community associations from scratch, substantially altering their operations or simply fine-tuning their governing documents or structure to incorporate new ideas, improve their ability to meet obligations or attend to legal changes. It is our goal to keep up with new trends and developments in community association law in order to assist our clients with these issues. Our representation focuses on assisting boards take the kind of action that benefits the entire community, and recognizes that associations consist of the people living within them.

The financial security of a community is critical for the ability to function and maintain its responsibilities and protecting the interest each owner has in the community. One of our goals is to assist associations with meeting their various needs including financial security. Our office is experienced in handling collections of delinquent funds while educating homeowners along the way of their fiscal financial responsibilities. We operate in different ways depending upon the governing documents and challenges of each community, and often tailor our internal processes to meet those needs in a cost effective way. There are occasionally the more difficult collections that may require further legal action, like a foreclosure proceeding which is a remedy offered under the law, however we have been successful settling most all of our cases without actually foreclosing. We recognize that associations are not in the real estate business, therefore make effort to give advice on a case by case basis on each property for the best results. The proper handling of collections and working together with boards and owners in a neighborhood, can give the community the success, value and security in which it strives.

We look forward to working together with you and tailoring a program that works for the needs of your community. Please contact our office for further information.