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Stark & Stark

Update on Status of Pending Board Member Training Legislation

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In 2024, New Jersey Assemblywoman Annette Quijano introduced legislation (Bill A2449), which, if passed, would require community association board members to undergo board member training. While the bill is gaining traction...more

Miles Mediation & Arbitration

The Ties That Bind — Like it or Not: A Primer on Homeowners’ Associations in Florida

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Well-manicured lawns, beautiful entranceways, uniformity of appearance, security cameras, and clutter- free home exteriors are but a few of the many benefits of living in a community controlled by a “homeowners’ association...more

Ward and Smith, P.A.

Community Association Building Blocks: Community Drainage and Flooding and Architectural Control Parameters

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Many homeowners in North Carolina experience issues with excessive surface water flow and localized nuisance flooding after rain events.  How communities deal with these problems was the focus of Ward and Smith's latest...more

Winstead PC

Sustainable Governance: Responding to Changed Circumstances

Winstead PC on

A planned community developer needs to control operation and administration of the covenants and community association for some period of time to ensure orderly development and sale of project. The developer has invested...more

Ward and Smith, P.A.

Serving on Your Community Association’s ARC, ACC, or ARB? Take Note to Whom Your Fiduciary Duties Are Owed

Ward and Smith, P.A. on

Residents of planned communities often must obtain approval prior to making any modifications to their homes and lots. Through their declaration of covenants, conditions, and restrictions - commonly referred to as the...more

Ward and Smith, P.A.

The Role of the Community Association Attorney

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People often view Community Associations as simple collections of rule-obsessed homeowners that do little more than debate the color of the flowers under the monument signs leading into the community. But at their best,...more

Ward and Smith, P.A.

Call of [Fiduciary] Duty: How Good Faith, Due Care, and Loyalty Guide Community Associations' Boards

Ward and Smith, P.A. on

Nearly 30 percent of North Carolina's population lives in a community association of some sort, be that a condominium or single-family community. Yet, confusion among the general population about the nature of community...more

Ward and Smith, P.A.

Your HOA Got Served: Now What?

Ward and Smith, P.A. on

The unfortunate reality for many community associations and their boards of directors is that at some point in their existence they will be sued. When that happens, there are a number of basic but important "to-do's"...more

Ward and Smith, P.A.

Heavy Is the Head That Wears the Crown: Board of Director Authority in a Community Association

Ward and Smith, P.A. on

The Board of Directors for a Community Association functions in a very similar capacity as the Board of a standard corporation. Approximately 95% of all decisions to be made on behalf of a Community Association will be...more

Ward and Smith, P.A.

Two Pairs of Eyes Are Better Than One: Why Community Associations and Developers Should Have Separate Legal Counsel

Ward and Smith, P.A. on

North Carolina has the third most planned communities in the United States after California and Florida. All of these planned communities typically evolve in a similar three-step process. First, a real estate developer...more

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