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Real Estate Development › Corporate Governance › Fiduciary Duty

Farrell Fritz, P.C.

Capital Call Cancelled: A Fairness Defense to the Majority’s Mandatory Capital Call

Farrell Fritz, P.C. on

There is perhaps no provision in an LLC operating agreement more susceptible to abuse than one allowing those in control of the LLC to make mandatory capital calls. For one, that authority often comes with very few...more

Ward and Smith, P.A.

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

Ward and Smith, P.A. on

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

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.

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

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