Carolina Common Elements

North Carolina and South Carolina Homeowners' Association Law

Horack Talley, founded in 1932, is located in uptown Charlotte. The firm provides legal services to clients in North Carolina, South Carolina and beyond. Its practice areas include corporate law, community association law, family law, litigation, real estate law and personal wealth services.

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Can HOA committee members be compensated?

By Mike Hunter | March 22, 2017 | 2 Comments

Q:  I am the chairperson for the social committee of my homeowners association (HOA). Our bylaws state that the HOA…

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Spotting and Stopping Fraud and Embezzlement in Your HOA

By Mike Hunter | March 15, 2017 | 0 Comments

This week’s column was written by my colleague Courtney R. LaLone, CPA, with LBA Haynes Strand, PLLC in Matthews, North…

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To Pay or Not to Pay. . .

By Mike Hunter | February 25, 2017 | 0 Comments

Q:  I live in a subdivision with recorded deed restrictions that address the use of the property, but the restrictions…

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HOA Fines – Revenue or Enforcement?

By Mike Hunter | February 22, 2017 | 0 Comments

Q:  Can a North Carolina homeowners’ association impose a recurring fine for a violation of the restrictive covenants (CCRs) after…

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Can My HOA Do This?

By Mike Hunter | February 18, 2017 | 2 Comments

This week’s column was written by my law partner Cynthia Jones, who is licensed to practice law in North and…

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Should Using the Pool Cost You More?

By Mike Hunter | February 11, 2017 | 0 Comments

Q:  Are there any homeowners associations (“HOAs”) that assess dues to different homes based upon the individual homeowners’ use of…

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E-mail Intelligence – Does Your Board Possess it?

By Mike Hunter | February 8, 2017 | 0 Comments

This week’s column was written by my colleague Donna Dimaggio Berger. Donna is a Shareholder in the law firm of…

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Assessment Issues; Does Developer Owe Dues?

By Mike Hunter | November 22, 2016 | 0 Comments

Q:  I was delinquent in my mortgage payments and was facing foreclosure. I also had a separate lien against my…

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4 tips for a smoother HOA budget process

By Mike Hunter | October 21, 2016 | 2 Comments

Yes, it’s that time of year again for HOAs. No, not the holidays, it’s budget season! Most HOAs use the…

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Must HOA’s act to end discriminatory actions by others?

By Mike Hunter | October 10, 2016 | 0 Comments

A few years ago one of our HOA clients came to us with a discrimination lawsuit that had been filed…

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HOA Boards must be wary of potential conflicts of interest

By Mike Hunter | October 2, 2016 | 0 Comments

Q:  What is a reasonable course of action for homeowners who have legitimate concerns about a board member with a…

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New Services Help Associations Thwart Unauthorized Short-Term Rentals

By Mike Hunter | September 28, 2016 | 0 Comments

This week’s guest column was written by Roberto C. Blanch.  Mr. Blanch is a partner with the South Florida law…

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New Federal Law Eases FHA Restrictions on Condominium Mortgage Loans

By Mike Hunter | August 26, 2016 | 0 Comments

Congress has just enacted new legislation on housing that should have a positive effect on condominium mortgage loans. The new…

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What percentage of homeowners must approve changes to our covenants?

By Mike Hunter | August 2, 2016 | 0 Comments

Q: Our community is attempting to amend our declaration of covenants, conditions and restrictions (CCRs). Our HOA’s community manager told…

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Is Selective Enforcement of Restrictions Acceptable?

By Mike Hunter | July 11, 2016 | 0 Comments

Q:  Some of my neighbors and I recently received notices for violations of our community’s restrictive covenants (CCRs) based on…

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