My HOA bans pets over 40 pounds Is that legal?

HOA pet size restrictions generally must be waived when a resident has a legitimate service or assistance animal under the Fair Housing Act, which requires housing providers to make reasonable accommodations for people with disabilities. Courts have consistently ruled that allowing assistance animals—even in communities with strict pet rules or bans—is a reasonable accommodation if the animal is necessary for the resident’s use and enjoyment of their home. Because of this, weight or breed limits in HOA documents are often overridden when the animal is related to a disability. Although federal guidance on these issues was withdrawn in 2025, legal experts believe courts would likely still favor allowing assistance animals even if they exceed size restrictions.

Read More: Packerswire

Horry County tops annual statewide HOA complaints

Horry County recorded the highest number of homeowner association (HOA) complaints in South Carolina in 2025, with 140 filed, according to the South Carolina Department of Consumer Affairs. Statewide, HOA complaints have risen 176% since 2019, with 586 complaints reported across 23 counties in 2025. Many concerns involved issues such as enforcement of bylaws, access to records, disputes over fees and assessments, maintenance problems, and board transparency. Several communities received multiple complaints, with River Oaks Golf Villas HOA reporting the highest total in the county.

Read More: TheSunNews

Building shuttered after massive fire scorches condo complex

A fire at Shallowbag Bay in Manteo early Wednesday morning caused major damage to a six-unit building, leaving 10 people without homes. Five of the six units were occupied at the time, but all residents were able to evacuate safely, thanks in part to working smoke alarms. Three units were heavily damaged by flames while the others suffered smoke and water damage, and the building has been declared uninhabitable. Local first responders quickly contained the fire, and organizations like the Red Cross and community members are now helping displaced families as the cause of the fire remains under investigation.

Read More: WTKR

Editors Note: AMG recommends Boards meet annually with their insurance professionals and attorneys to review community’s insurance. 

Dream Condo Turned Nightmare: Buyers Left Waiting After Project Halts

Two buyers who paid deposits for units at the stalled Prosperity Luxury Condominiums project in Charlotte are now demanding their money back after construction halted and questions about completion went unanswered. Leshawn Tilman and Edward Hill paid roughly $15,000 and $28,000 respectively, hoping to secure housing for their families, but the development has remained unfinished for more than two years. A WBTV investigation found multiple liens filed by subcontractors who claim they were not paid, along with a 2023 lawsuit involving the developer, Wagener Properties Charlotte. The developer has not responded to requests for comment, leaving the buyers frustrated and seeking refunds for their deposits.

Read More: WBTV

Are Your HOA Fees Hiding a Tax Break?

Most homeowners cannot deduct HOA fees on their taxes if the property is their primary residence. However, deductions may be possible if the home is used for business purposes—such as a dedicated home office for self-employed individuals—or if the property is rented out, where HOA dues can be treated as a rental expense. In cases where only part of the home is used for business or rental purposes, the deduction must be prorated based on square footage or time rented. Additionally, special HOA assessments for repairs may be deductible, while those used for improvements may increase the home’s cost basis and potentially reduce capital gains taxes when the property is sold.

Read More: Realtor.com

Let’s Focus on the “Community” in Community Associations in 2026

This article was originally published on January 5, 2026 by Adam Marshall for the Law Firm Carolinas Blog.

It is no surprise to anyone that we are living in polarized times. We are increasingly isolating ourselves in bubbles catering to our already held beliefs. We are getting news and information from “news” outlets designed to cater to specific audiences. Getting objective information from objective sources is becoming harder by the day. And with the rise of social media, the rules and norms of decorum seem to have eroded. The concept of “if you don’t have anything nice to say, don’t say it at all” that was taught by most of our mothers, seems to be a thing of the past. As someone who recently completed a successful run for public office, I know this as well as anyone.

So, how can we change the narrative in community associations? Community associations have (and sometimes rightfully so) received a bad rap over the last decade. However, that reputation is not supported by the data, as reported by my law partner Jim Slaughter in his recent blog post entitled Community Associations in 2025: Bigger, Busier, and Still Strongly Supported. His blog references the fact that 86% of owners rate their community association experience as very good, good, or neutral. So, how should associations work to foster community and change the perception?

This is a tough industry. Sometimes there is tension, emotions can run high, and managers and board members can experience burnout. This can have a negative effect on mental health and wellness, which can lead to more negativity among all parts of the community association. As Melissa Ramsey wrote when she began her 2025 term as President of the Community Associations Institute (CAI), “[w]hat if we focused efforts around the good? Imagine spending time and energy promoting the positive aspects of managing a community. We take time to highlight the wins and promote the accomplishments of volunteers, managers, and business partners.”

Associations should focus on community building through several methods. First, approach communication with respect. This communication style should come from the top. Meaning, the Board of Directors should (even when they don’t want to) be respectful to their members, management, and business partners. Management should always act professionally as they are often the communication arm of the Board. And, members should equally show the same level of respect to the Board, management, and their neighbors. Even when there is a valid dispute, resolutions are more feasible when there is respectful dialogue.

Second, be transparent. That is not always possible, especially when the Board is discussing confidential or privileged matters. However, the Board should have open communications with the membership about initiatives, concerns, and community maintenance projects.

Third, the association can support community building through social events, community beautification days, cookouts, or other volunteer opportunities. These types of activities can allow owners to get to know their neighbors in situations outside of an organized community meeting. Knowing your neighbors can build trust, camaraderie, and can support community safety.

In the new year let’s work as Boards, managers, business partners, and homeowners to change the narrative. Let’s focus on the positive, let’s respect each other, and let’s do all we can to put the “community” back in community associations!

Read More: LawFirmCarolinas

Fewer Than 1% of South Carolina HOA Homeowners Filed Complaints — Most Communities Are Working

A recent article draws attention to complaints filed against homeowners associations in South Carolina, suggesting a trend of dissatisfaction. But when we look closer at the numbers, a very different picture emerges.

According to the South Carolina Department of Consumer Affairs, 434 HOA-related complaints were filed in 2024. Meanwhile, more than 1.4 million South Carolinians live in HOA, condominium, and planned communities across the state. That means less than 0.03% of HOA residents filed a formal complaint—fewer than 1 in every 3,000 homeowners.

At Association Management Group (AMG), we take every complaint seriously. We understand that for the individuals involved, these are real concerns that deserve empathy and respectful attention. But we also believe association leaders—and readers—deserve the full picture.

Most associations are, in fact, doing a good job. National data from the Community Associations Institute (CAI) confirms this: 86% of homeowners in associations rate their experience as positive or neutral. A strong majority say their board members are serving the community’s best interests and that their management companies are helpful.

A Call for Balanced Leadership

Just because the numbers are small doesn’t mean boards should dismiss them. Quite the opposite: effective association leadership means applying empathy, discretion, and proportionality—especially when homeowners express concerns.

AMG encourages boards to maintain a structured, transparent approach to enforcement. We also recommend consulting legal counsel experienced in community association law, especially when fines or legal action are being considered. Attorneys can help ensure that the response is not only legally sound but appropriately scaled to the issue at hand.

The Bottom Line

Yes, some HOA residents face challenges—and those should be addressed thoughtfully. But the numbers show that the vast majority of homeowners are not reporting major issues. With strong leadership and a focus on fairness, boards can continue building communities where residents feel heard, protected, and at home.

Read More: Realtor

When $100 Turns Dangerous: The HOA Fine That Nearly Took a Home

A $100 HOA fine over an alleged “commercial vehicle” parking violation escalated into a yearslong legal battle for Charlotte homeowner Jeffrey Baldwin, including an attempted foreclosure on his home. The case ended when the HOA withdrew its foreclosure petition, prompting Baldwin to call for greater accountability and reform, noting that many homeowners lack the resources to fight similar actions. The situation has drawn attention from state lawmakers, who previously proposed legislation to cap HOA fines and require due process before foreclosure, though the bill stalled in the House. Baldwin’s case highlights growing concerns over HOA enforcement power and the need for clearer protections for homeowners in North Carolina.

Read More: WBTV

Editor’s Note from Association Management Group (AMG):

This case is a timely reminder for community leaders: courts and legislatures are increasingly scrutinizing how associations enforce collections and compliance. While every association has a duty to uphold its governing documents, the methods used—especially in pursuing fines or assessments—matter greatly.

At AMG, we advocate for common-sense restraint and thoughtful decision-making. Before taking legal action, boards should consider a formal review process that weighs not only the amount owed but also the proportionality and potential community impact of the enforcement action.

Associations are strongly encouraged to consult with legal counsel experienced in HOA and condominium law. Legal advisors can help ensure that any action taken is appropriate under current statutes, consistent with the association’s governing documents, and reasonably aligned with the scale of the issue.

When boards act without this kind of deliberate evaluation, they may inadvertently invite legislative reforms that impose inflexible, one-size-fits-all mandates—limiting future discretion in nuanced cases.

AMG remains committed to helping communities navigate these complexities with integrity, fairness, and a long-term view of effective governance.

Managing Short-Term Rentals Without Crossing Legal Lines

Short-term rentals can disrupt community harmony, but in North Carolina the right to rent is strongly protected, making outright bans or renter-specific rules difficult for HOAs to enforce. Courts generally allow STRs unless municipal regulations or the community’s original Declaration clearly restricts them, and new or selective restrictions often fail legal scrutiny. Always consult your attorney for details. 

Instead, HOAs can more effectively manage STR impacts by using legally sound tools such as minimum lease terms, HOA-approved lease forms, holding owners accountable for tenant behavior, and applying rules equally to all residents and guests. With careful drafting, consistent enforcement, and legal guidance, HOAs can balance neighborhood character with owners’ property rights.

Read More: JDSupra

Short-Term vs. Long-Term Budget Planning: A Roadmap for Financially Healthy Communities

A few years ago, a volunteer board proudly shared photos of their newly renovated clubhouse. Fresh paint. Updated lighting. A beautiful space for residents to gather.

Six months later, they discovered their roofs were nearing the end of their useful life—without adequate reserves to replace them.

What went wrong?

They had a strong short-term budget. What they lacked was a long-term financial strategy.

For community associations, financial health depends on balancing both.

Whether you’re a board member trying to protect property values, a homeowner concerned about rising dues, or a developer establishing a new community, understanding how short-term and long-term budgets work together is essential

The Short-Term Budget: Your Annual Operating Plan

The short-term budget—typically annual—is what keeps the lights on and the grass cut.

It covers:

• Landscaping and routine maintenance

• Utilities

• Insurance premiums

• Management fees

• Administrative costs

• Minor repairs

This is where many boards focus most of their energy. And understandably so. Homeowners feel the impact of this budget immediately through their assessments.

But strong annual budgeting isn’t just about controlling costs—it’s about thoughtful forecasting.

Best Practices for Short-Term Budgeting

Review historical data carefully. Compare projected expenses to actual spending from prior years. Patterns matter.

Plan for inflation and vendor increases. Contracts rarely stay flat year over year.

Build in contingencies. Unexpected repairs are inevitable.

Prioritize transparent communication. Clear financial reporting builds trust, especially if assessments need to increase.

Boards often face pressure to “keep dues low.” But artificially low dues can quietly undermine long-term stability. In our experience working with Carolina communities, thoughtful budget optimization paired with transparent financial reporting reduces friction and builds homeowner confidence.

A strong management partner supports this process with vendor oversight and accountability—helping ensure communities receive value for every dollar spent.

The Long-Term Budget: Planning Beyond This Year

If the annual budget handles daily operations, the long-term budget protects the community’s future.

This is your reserve funding strategy.

Reserve funds prepare your association for major capital repairs and replacements, including:

• Roof replacements

• Road resurfacing

• Pool renovations

• Elevator modernization

• Structural repairs

These projects are not surprises. They are predictable events with measurable life cycles.

The challenge is timing and funding.

Why Reserve Studies Matter

A professional reserve study evaluates common area components, estimates remaining useful life, and recommends funding levels.

Reserve planning requirements vary significantly by state law and governing documents, so boards should always consult qualified professionals and legal counsel when needed. Organizations like the Community Associations Institute (CAI) provide valuable educational resources for board members seeking best practices.

Without accurate reserve planning, associations often face:

• Special assessments

• Deferred maintenance

• Declining property values

• Increased homeowner frustration

We’ve seen communities that delayed contributions for years to avoid raising dues. When a major project finally arrived, the financial impact was severe. The result wasn’t just higher costs—it was lost trust.

Proactive maintenance planning and properly funded reserves protect both property values and community harmony.

Bridging the Gap: Short-Term and Long-Term Working Together

One common mistake boards make is treating operating budgets and reserve planning as separate conversations.

They’re not.

Maintenance decisions today affect capital expenses tomorrow. Choosing lower-cost repairs without long-term planning can accelerate deterioration.

Strong communities use multi-year forecasting to connect:

• Operating expenses

• Reserve contributions

• Vendor contracts

• Inflation trends

• Insurance adjustments

Insurance and risk coordination deserve special attention. Premiums across the country have fluctuated dramatically in recent years. Working with qualified insurance professionals and building those projections into both annual and long-term plans is critical.

And it’s important to clarify: while associations manage common areas, safety and criminal matters belong with law enforcement. HOAs and management companies cannot guarantee security. Budgeting should support responsible risk mitigation—not unrealistic promises.

The Human Side of Budget Planning

Behind every spreadsheet is a person.

The board treasurer who loses sleep over balancing numbers.

The homeowner on a fixed income worried about assessment increases.

The real estate agent reviewing reserve funding before advising a buyer.

Financial planning is not just about math—it’s about communication and leadership.

Board training and education make a measurable difference. When leaders understand reserve studies, funding models, and forecasting tools, decisions become less reactive and more strategic.

A dedicated board liaison and consistent manager longevity also matter. Communities benefit when experienced professionals guide conversations year after year, rather than restarting the learning curve with constant turnover.

Special Considerations for New Developments

Developers and newly transitioned communities face unique challenges.

Initial budgets are sometimes set artificially low to attract buyers. While understandable from a marketing perspective, this approach can create long-term instability once the association transitions to homeowner control.

A seamless transition process includes:

• Realistic operating projections

• Early reserve planning

• Clear documentation

• Education for incoming board members

Establishing financial discipline from day one prevents painful corrections later.

Financial Planning Is Community Planning

Healthy associations don’t happen by accident.

They happen when boards take a balanced approach—meeting today’s needs while preparing for tomorrow’s responsibilities.

Short-term budgeting keeps operations running smoothly.

Long-term planning protects property values and prevents financial shocks.

Communities that embrace proactive maintenance planning, transparent financial reporting, and consistent professional guidance position themselves for stability—not surprises.

Because at the end of the day, budgeting isn’t just about dollars.

It’s about protecting the place people call home.

About the Author

Paul Mengert is President and CEO of Association Management Group (AMG), a community association management firm serving communities throughout the Carolinas. With more than four decades of experience, Paul has worked alongside volunteer boards, developers, and homeowners to strengthen financial stability, operational performance, and long-term planning.

Under his leadership, AMG has built a reputation for responsiveness, manager longevity, and customized HOA and condo solutions tailored to each community’s needs. The firm emphasizes CAI-accredited management practices, dedicated board support, proactive maintenance planning, and transparent financial reporting designed to protect property values and reduce financial surprises.

Paul believes strong communities are built on collaboration, education, and responsible financial stewardship—principles that continue to guide AMG’s work with associations across the region.

To learn more, visit amgworld.com.

Wise Empathy in HOA Leadership: Supporting Without Burning Out

In community association management, emotional intelligence is just as critical as budgeting or vendor oversight. Whether you’re a seasoned HOA board member or a new community manager, learning how to practice wise empathy—the kind that supports without overwhelming—can strengthen relationships, improve morale, and reduce burnout.

At Association Management Group (AMG), we’ve seen firsthand how empathetic leadership paired with proven results for 40+ years makes communities not only more functional—but more livable.

Read the Emotional Context

A newly elected board treasurer in a mid-sized North Carolina HOA—let’s call him Carlos—called his Dedicated Board Liaison in a panic. He’d just reviewed the reserve study and was convinced the association was heading for financial trouble.

Instead of reacting, the manager paused and assessed the emotion behind the urgency: fear, not frustration. By slowing down, acknowledging his concerns, and walking through the budget optimization plan, she helped him shift from anxious to informed.

Board training and education in emotional intelligence helps leaders respond—not react—to situations like these.

Regulate Your Own Emotions

Community management often involves navigating strong feelings—especially in moments of conflict. At a recent annual meeting in a coastal Carolina community, a homeowner challenged the board over increased assessments.

The CAI-accredited manager (PCAM®) remained calm and composed. By regulating their own response and keeping the focus on facts, they prevented a tense exchange from derailing the meeting. That’s the power of manager longevity and experience.

Choose the Right Empathy Mode

Wise empathy is about choosing your response intentionally.

When a maintenance team completed repairs ahead of schedule, a quick celebratory message from their manager amplified morale. That’s part of community engagement programs—not just fixing what’s broken, but recognizing what’s working.

Conversely, when a team member was overwhelmed by repeated vendor delays, their manager responded with compassion, not solutions. Emotional context matters in vendor oversight & accountability, too.

Check How It Lands

A manager once followed up with a board president after a contentious meeting, thinking she was being helpful. But his response surprised her: “I didn’t need solutions—I just wanted to be heard.”

Feedback like this is essential. AMG’s approach includes transparent financial reporting and collaborative processes, but also the soft skills that make those systems work.

Wise empathy means being open to the idea that what you intended might not be what someone received—and adjusting accordingly.

Reflect and Recalibrate

After every emotional exchange, take a moment to reflect. Did the conversation bring clarity or confusion? Did you stay grounded?

This kind of internal check-in builds resilience—and better leaders. At AMG, we coach our team to learn from every interaction, using a mix of board empowerment tools, legal liaison services, and conflict resolution support.

Why It Matters for HOA Boards and Managers

Emotional intelligence isn’t fluff—it’s foundational. Practicing wise empathy helps board members connect, reduces burnout among managers, and makes it easier to build trust with homeowners.

In high-stakes environments like HOAs and condos, wise empathy paired with the right management support leads to stronger, more resilient communities.

AMG’s commitment to local Carolina expertise, 24/7 emergency response, and customized HOA & condo solutions ensures our managers are equipped not just to solve problems—but to support people.

Need support from a management partner who leads with empathy and expertise? Discover AMG’s difference—from our seamless transition process to our reputation for highest Google ratings—at AMGworld.com

Navigating Winter Weather Together: Snow, Ice, and Your Community

Winter storms are unpredictable. When extreme weather strikes, our shared goal is to navigate the season safely and efficiently. While we cannot control the severity of the elements, understanding how cold weather events and snow management work in your community can help set expectations and keep everyone safer.

Important Safety Warning: Proceed with Caution

Please be advised that winter weather creates inherently dangerous conditions. Regardless of whether snow removal or ice treatment has been performed, residents should assume that all driving and walking surfaces are slippery and potentially hazardous. Ice can reform quickly even after treatment. We urge you to exercise extreme caution and take appropriate personal precautions to ensure your safety, as the Association and AMG cannot guarantee the removal of ice, snow or other hazardous conditions.

Understanding the Process: Priorities & Costs

Effective snow removal relies on a pre-determined plan that weighs logistics, safety, and community funds.

• Public Roads: If your streets are public, the city or town controls the plowing, sanding, and ice-melt schedules. Your association does not have jurisdiction over municipal roadways.

• Private Communities: If your community has private roads, the Board of Directors establishes the snow removal policy. This policy dictates if and when contractors are deployed. This includes common areas like sidewalks, mailbox kiosks, etc.

• Budget Responsibility: Snow removal is a significant expense that impacts the Association's annual budget. The Board must carefully weigh the cost of heavy plowing against the forecast or putting down ice-melt. For example, if snow is expected to melt naturally within 24 hours, the Board may opt to conserve funds rather than deploy expensive heavy machinery or material/labor cost for ice-melt.

• Connectivity: It is important to note that even if your community clears private streets, travel may still be impossible if the connecting public roads have not yet been plowed by the city. Plowing private streets before public roads are clear can sometimes be an ineffective use of Association funds.

The Challenge of Extreme Conditions

Residents often wonder why plows haven't arrived or why surfaces remain slippery. In almost every case, unprecedented or extreme weather patterns are the culprit. Additionally, plowing can sometimes lead to unintended issues, such as blocked driveways. When a plow clears a street, the snow must go somewhere, and it is almost inevitable that "windrows" (lines of snow) will block the ends of private driveways.

Here are why weather conditions often dictate the schedule:

• Flash Freezing: Even after plowing or applying ice-melt, rapid temperature drops can cause wet pavement to turn into black ice. This is a weather phenomenon that is difficult to combat until temperatures rise.

• Storm Timing: If a storm hits during rush hour, vendors can get stuck in the same traffic as commuters, delaying their arrival.

• Refreezing Cycles: Plowing snow too early can result in melt-off that runs back onto the road and freezes overnight. Contractors often wait for the storm to conclude to avoid creating dangerous ice patches.

• Equipment and Material Limitations: During blizzard conditions, visibility may drop to zero, forcing crews to pause for safety. Additionally, extremely heavy, wet snow can slow down machinery significantly. Moreover, since the Carolinas receive relatively infrequent ice and snow events of any significance, there are fewer vendors available than in the northeast where such events are common. Ice-melt availability in home improvement stores may be very limited on quantity or have limitations on how much can be purchased.

Ice-melt, Sand, and Surfaces

When treating ice, the goal is traction and melting. However, extreme cold can render ice-melt ineffective (usually below 15°F-20°F).

• Concrete Care: Please be aware that many chemical de-icers can damage concrete or asphalt surfaces over time. You might consider using sand or kitty litter for traction on your personal walkways to minimize surface pitting.

• Pet Safety: If you are walking pets, consider wiping their paws after walks, as municipal salt and some chemical melts can be irritating.

Steps to Protect Your Home: Frozen Pipes

When the temperature drops significantly, the risk of frozen pipes increases. While the Association generally maintains common elements, the pipes inside your walls serving your unit are typically the owner's responsibility. If you lease your home, please ensure your tenant is aware of these requirements and takes the necessary precautions.

To help mitigate the risk of water damage, you might consider the following steps:

• Maintain Heat: It is highly recommended to keep your thermostat set to at least 55-60°F, even if you are away.

• Air Circulation: Consider leaving cabinet doors under sinks open to allow warm air to reach the pipes.

• Drip Faucets: During extreme cold snaps, allowing a faucet on an exterior wall to drip very slowly can help prevent pressure buildup and freezing.

• Vacation Check-ins: If you travel, consider asking a friend or neighbor to check your home periodically to ensure the heat is functioning.

How You Can Help

Winter safety is a community effort. We suggest the following to help operations run smoothly:

• Clear the Way: Please try to park in garages or assigned spots to keep travel lanes open for plows.

• Personal Safety: We recommend wearing footwear with heavy treads and using handrails on stairs.

• Patience: Please understand that during major regional storms, contractors are managing high volumes. They will arrive as soon as conditions allow.

A Note on Insurance

Now is a great time to review your insurance policy. We suggest you check with your insurance agent and verify that your policy includes coverage for water damage resulting from burst pipes, adequate "Loss Assessment" coverage should a large deductible apply to a claim, and other appropriate coverages.

Do you have questions about your specific community's snow policy?

Please email your community manager or log in to the resident portal for your association. Stay warm and safe!

Florida Condo Buyers Get the Full Financial Picture

New Florida condo law provisions effective January 1 require associations to increase transparency by posting financial records, structural reports, and key documents online, giving buyers clearer insight into a building’s health. The changes aim to restore confidence in Florida’s struggling condo market, which has declined following surprise assessments and safety reforms enacted after the 2021 Surfside collapse. Buyers and investors now have better tools to identify financial or structural risks early, reducing the likelihood of unexpected costs. The law also extends the buyer cancellation period from three to seven days, encouraging more thorough due diligence before purchase.

Read More

Closed Sessions

This article was originally published by Jim Slaughter for the Law Firm Carolinas Resources Page.

Updated from "Closed Meetings & Community Associations" in the NC Newsletter of the NC Community Associations Institute (CAI)

[W]e are as a people, inherently and historically opposed to secret societies, to secret oaths, and to secret proceedings." Despite this advice from President Kennedy, “secret proceedings” are not uncommon in community associations. Homeowners may be asked to leave for all or parts of board meetings. At times, boards attempt to conduct business by telephone or e-mail to avoid public scrutiny.

Without question, boards occasionally need to do their business outside of the public eye. Before doing so, however, it's worth considering two questions: (1) Should you go into closed session? (2) Can you go into closed session?

Should You Go into Closed Session?

Generally, too much secrecy by boards leads to suspicion, distrust, and strife. With that said, why would a board exclude association members from its meetings? Most often, boards meet in private to avoid having to deal with association members. Some boards hold closed sessions to discuss controversial issues. In other associations, the board develops an “us versus them” attitude and prefers not to have members watching. At times boards meet in secret to avoid dealing with an irate homeowner.

These are poor reasons to close a meeting, and most can be resolved without upsetting the entire neighborhood. For instance, association members generally have no right to participate—make motions or to debate—in board meetings. As a result, their attendance should not interrupt business. In the event a homeowner becomes disorderly, that owner can be excluded from the meeting without excluding all association members.

Legitimate reasons for closing a meeting generally concern issues that if discussed in public could violate privacy laws, harm the association, or cause embarrassment to a party. Valid reasons for going into closed session include:

• consulting with legal counsel

• discussing litigation or prospective litigation by or against the association

• reviewing information that is confidential or should not be generally known, such as delinquent dues

• conferring about contracts or real property purchases

• reviewing association employees or personnel issues, or

• handling disciplinary matters or rules violations by members.

Can You Go into Closed Session?

A first question is whether state law permits association boards to hold closed meetings. An NC statute for homeowner and condominium associations provides that owners must be given an opportunity to attend a portion of a board meeting to speak about issues or concerns “at regular intervals.” Certainly, then, not all board meetings can be closed. Another statute provides: “Except as otherwise provided in the bylaws, meetings of the association and the executive board shall be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised.” However, Robert’s doesn't care whether board meetings are open or closed. In fact, there are no general parliamentary prohibitions on closed meetings or what can happen during closed portions.

A better question is how closed meetings are impacted by language in association governing documents. For instance, the declaration or bylaws may restrict when a board can go into closed session to certain circumstances. Occasionally, association governing documents will provide that “all board meetings shall be open to association members.” Generally, such language is too broad in that there are legitimate reasons for a board meeting in closed session.

Associations sometimes attempt to avoid in-person meetings by transacting business through telephone or e-mail. Beware. There are statutes dealing with telephonic or virtual meetings. However, decisions made online or by e-mail are usually not official actions and must be ratified at a later meeting.

Conclusion

Closed board sessions should be approached cautiously and with the advice of legal counsel. Even if permitted by law and the governing documents, the question must still be asked, “Should the meeting be held in private?” Not much has changed since President Kennedy noted inherent opposition to secret proceedings. Except for those instances where closed sessions are truly necessary, the controversy and suspicion may not be worth the trouble.

Articles are intended to provide general information and are not legal advice or a legal opinion. Specific questions should be directed to an attorney at Law Firm Carolinas or to another lawyer.

Hidden HOA Leaves Homeowner with a Costly Shock

A High Point homeowner was shocked to learn she owed thousands in HOA dues after four years of being told her property was not part of an association. Despite a warranty deed and assurances from her real estate agent and closing attorney stating no HOA existed, an inactive association resurfaced and legally pursued more than $4,000 in back dues, placing a lien on her home. The situation forced her to withdraw retirement funds until a News 2 investigation revealed the error should have been caught during closing. After the intervention, the agents and attorney paid the balance, the lien was lifted, and the case was resolved, highlighting the risks of relying solely on seller disclosures without verifying public records.

Read More

Voting by Written Ballot

This article was originally published on November 8, 2025 by Harmony Taylor for the Law Firm Carolinas Blog.

In North Carolina, written ballots play a critical role in the decision-making processes of homeowner, property and condominium associations. It can be difficult to establish quorum at a meeting, much less to get the higher thresholds needed for votes on amendments to governing documents. Most of the associations we work with use written ballots or written agreements when they wish to conduct important votes on amendments or votes to approve special assessments. This blog addresses the written ballot process; other blogs address the written agreement process.

The vast majority of community associations in North Carolina are nonprofits incorporated under Chapter 55A of the General Statutes, the Nonprofit Corporation Act.  NCGS 55A-7-08 states that unless prohibited or limited by the articles of incorporation or bylaws, any action that may be taken at any annual, regular or special meetings of members may be taken without a meeting by written ballots or electronic voting. There are particular nuances to electronic ballot voting and anyone considering using this as a means of voting may wish to review our other blogs on this topic, linked here. However, whether the ballot is distributed physically or electronically, a few basic rules apply.

First, the ballot must be clear and communicate exactly what proposal is being made, and provide the voting party the option to vote for or against the proposition. The ballot should stand on its own, with any proposed new language or item for vote set out on the ballot itself. It is typically not sufficient to reference a previously distributed document or instruct someone to go to another source to review the proposal.

Second, the ballot must state a deadline by which it must be received to be counted. Referencing a “return by” date is not the same thing, as someone may place a ballot in the mail by the stated date, resulting in the ballot’s delivery to the association post the preferred deadline. The statute references a receive by date, and that is what should be referenced on the ballot.

Third, and importantly, ballot deadlines cannot be extended once published. If a deadline comes and goes and an association comes up one or two votes short, it has to start over with a new vote-and everyone who previously voted in favor will have to do so again, or their vote won’t count. It is important that associations choose realistic deadlines when they prepare a ballot. A short window (30 days or less) may be fine for a small community, where most owners are local and responsive, but even then it is best to adhere to and avoid a vote around holidays or other periods when many owners will be traveling and not checking mail. In larger communities, where a door-to-door operation may be needed, or where you have a less responsive membership, deadlines of 60-90 days out are more likely reasonable. There is no legal limit on the duration of the deadline an association can use, however, Boards and their managers should work with their attorneys to carefully weigh the need to balance a reasonable sense of urgency with the actual time it will take to receive enough votes back to matter.

Finally, provide members with as many options as possible for return of the ballot. Electronic ballots are automatically returned to the voting platform. Paper ballots can be returned by mail, but ballots can also be scanned and emailed to the association, and hand delivered to a board member or drop box at a clubhouse or other location and remains a great way to collect ballots.

In summary, best practices for ballots:

1. Allow reasonable time for return.

2. Clearly communicate specific items up for a vote.

3. Send reminders!

4. Make return convenient, with multiple return options.

If you have questions about ballots, or any other community association voting issue, please reach out to the attorneys at Law Firm Carolinas.

Source: LawFirmCarolinasBlog

Attorneys Charles Meier and Bonnie Braudway Join Law Firm Carolinas

This article was originally published on October 28, 2025 by Law Firm Carolinas for the Law Firm Carolinas Blog.

Law Firm Carolinas is pleased to announce that the attorneys from Marshall Williams & Gorham, one of Wilmington’s oldest law firms, will join the firm on November 1. For more than 60 years, Marshall Williams & Gorham has served clients throughout southeastern North Carolina in civil litigation, real estate, business, community association (HOA/condo), and estate matters.

Joining Law Firm Carolinas’ statewide community association practice are Charles Meier and Bonnie Braudway.

Charles Meier brings more than 40 years of legal experience representing community associations, real estate, construction, foreclosure, and commercial clients. He has appeared before state and federal courts, including the North Carolina Supreme Court and the U.S. Court of Appeals for the Fourth Circuit. Meier holds an AV Preeminent rating from Martindale-Hubbell and earned both his B.A. and J.D. from the University of North Carolina at Chapel Hill.

Bonnie Braudway has practiced law for 19 years and focused on community association law since 2009. She represents homeowner, condominium, and townhouse associations across North Carolina and is an active member and speaker for the Community Associations Institute (CAI). A Boone native, Braudway earned her B.A. (cum laude) from UNC Wilmington and her J.D. (cum laude) from Campbell University School of Law.

With offices in North Carolina (Charlotte, Greensboro, Raleigh, Wilmington) and South Carolina (Greenville), Law Firm Carolinas provides legal services in community association law, real estate, business, litigation, family law, and estate planning. The addition of Meier and Braudway expands the firm’s strength and reach across the Carolinas.

Source: LawFirmCarolinasBlog

When Your ‘No HOA’ Home Suddenly Has One

A High Point homeowner was blindsided when an inactive HOA resurfaced years after her 2019 home purchase, demanding thousands in back dues despite her deed indicating no association existed. Confused and facing a lien, she discovered the HOA had always legally existed—errors by her real estate agents and closing attorney had misled her. Forced to dip into retirement savings, she ultimately received relief when those parties agreed to pay the full amount and the lien was removed. Her case highlights the importance of verifying HOA status through public records rather than relying solely on disclosures or assumptions.

Source: WFMYNews2

Why HOA Boards Should Celebrate Small Wins—And How It Builds Stronger Communities

There’s a surprising truth I’ve learned in over two decades of working with homeowner associations: the most effective boards aren’t just good at solving problems—they’re also good at noticing progress.

That might sound simple, even trivial, when you’re facing rising insurance premiums, aging infrastructure, or contentious meetings. But recognizing and celebrating small victories isn’t self-indulgence. It’s a critical leadership tool—especially in the high-stakes, volunteer-driven world of HOA and condo board governance.

Why Boards Struggle to Celebrate

In community management, the pressure never really lifts. Even after resolving a budget shortfall or completing a long-awaited capital project, there’s always another challenge on the horizon—an inspection, a complaint, a deadline.

I remember a board president I worked with in a mid-sized Carolina town—let’s call her Sheila. Her community had just completed a major stormwater repair project under budget and with minimal disruption. But at the final board meeting, she brushed right past the success. “We’ve got to move on to the clubhouse roof,” she said, barely pausing to acknowledge what the team had just achieved.

This kind of forward-only motion is common. Many board members feel awkward drawing attention to success, especially in volunteer roles where public praise is rare and scrutiny is constant. Others think celebrating wins could appear boastful to neighbors who are more vocal about what’s broken than what’s been fixed.

But that mindset can lead to burnout—and worse, it deprives communities of the confidence and energy that comes from building on momentum.

The Real Costs of Skipping Celebration

Leadership researcher Lan Nguyen Chaplin writes that “when leaders constantly push forward without stopping to mark their progress, they risk more than burnout. They deprive themselves of a buffer against stress, a source of motivation, and the mood lift that fuels creativity and good judgment.”

That’s not just corporate wisdom—it applies directly to HOA life.

When your board takes time to reflect on a successful vote, a resolved dispute, or a well-run event, it sends a message: We’re making progress. We’re not just managing problems—we’re improving our neighborhood.

And that message matters, especially when trying to keep volunteers engaged and neighbors informed.

Three Simple Ways HOA Boards Can Celebrate Wins

1. Make Progress Visible

After finishing a big project—whether it’s a repaving effort or rewriting outdated bylaws—don’t just file the final report. Share the milestone.

Create a short community update with before-and-after photos. Thank the volunteers, the manager, and the vendors involved. If you work with a professional management company like AMG, your dedicated board liaison can help craft that message and distribute it effectively—so it lands with the right tone.

2. Protect Space for Reflection

Use the last five minutes of each board meeting to go around and name one thing that went well—big or small. This can be especially powerful during stressful periods. As one AMG-managed board in the Carolinas shared during a training session, this practice helped rebuild trust and morale after a contentious assessment decision.

3. Redefine Celebration

Celebration doesn’t have to mean a banner or a party. Sometimes it’s just acknowledging that you’ve crossed something off a long and difficult list. One treasurer we worked with used to email the board a “quiet win of the week”—a small financial oversight that was corrected or a reserve fund target met. Those quick notes built confidence without fanfare.

Why It Matters

HOA boards often deal with the emotional weight of decisions that affect people’s homes, finances, and quality of life. That’s no small burden.

When boards take time to pause and appreciate their efforts, they build resilience—not just for themselves, but for their communities.

At AMG, we’ve seen how regular reflection and recognition lead to healthier boards and smoother operations. It’s part of our Board Empowerment Tools and Community Engagement Programs—strategies designed to make sure your board isn’t just surviving, but thriving.

So, whether you’ve just finalized next year’s budget, resolved a months-long dispute, or got everyone to agree on new pool furniture—take a moment. Celebrate the win.

Because the more your board sees what’s working, the more capable you feel when the next challenge arrives.

About the Author

Paul Mengert is the Founder and CEO of Association Management Group (AMG), a Carolina-based company that has provided professional community association management services for over 40 years. A graduate of Harvard Business School’s OPM and a nationally recognized leader in the community management industry, Paul has trained thousands of HOA board members and managers and board members across the country. Under his leadership, AMG has become known for manager longevity, board empowerment, transparent financial reporting, and a reputation for responsiveness. Paul is a longtime member of the Community Associations Institute (CAI) and a strong advocate for ethical, well-governed, and resident-focused communities.

Backyard Chickens? Not Without HOA Approval

A Missouri judge has ruled that homeowners associations and local governments can once again regulate backyard chickens, overturning a 2024 state law that allowed property owners to keep up to six hens without restriction. The decision came after Four Seasons Lakesites, a large Lake Ozark community, sued the state, arguing the law interfered with reasonable HOA covenants. Judge Brian Stumpe found the law unconstitutional for violating Missouri’s “single subject” rule, rendering it invalid. The ruling is being hailed as a major victory for community associations and their right to self-govern.

Source: Komu