Articles

  • Dec 10, 2024 | natlawreview.com | Justin Lewis |Dan Jasnow |Jeffrey Warshafsky

    In 1999, the North Carolina General Assembly enacted the North Carolina Planned Community Act ("Act") as Chapter 47F of the North Carolina General Statutes. The Act was intended to establish certain rights for property owners in planned communities, establish a framework of rules and regulations to govern planned communities, and grant owners' associations the powers necessary to manage them.

  • Dec 10, 2024 | wardandsmith.com | Justin Lewis

    December 10, 2024 In 1999, the North Carolina General Assembly enacted the North Carolina Planned Community Act ("Act") as Chapter 47F of the North Carolina General Statutes. The Act was intended to establish certain rights for property owners in planned communities, establish a framework of rules and regulations to govern planned communities, and grant owners' associations the powers necessary to manage them.

  • Oct 22, 2024 | natlawreview.com | Justin Lewis

    In planned communities, the question of responsibility for damage caused by fallen trees is often posed to the owners' association. Although it is not the association's job to play arbiter if a dispute arises between lot owners, owners association board members should understand the general law regarding fallen trees. The law of fallen trees in North Carolina is based largely on the legal theory of negligence.

  • Sep 17, 2024 | jdsupra.com | Justin Lewis

    The most common question community associations in planned communities (i.e., single, family homes) pose is, "How can we amend our declaration?"  Of course, this question includes many layers: (1) What is the proper procedure?; (2) What percentage of the membership must approve?; and (3) What challenges might an amendment face?

  • Sep 17, 2024 | natlawreview.com | Justin Lewis

    The most common question community associations in planned communities (i.e., single, family homes) pose is, "How can we amend our declaration?"Of course, this question includes many layers: (1) What is the proper procedure?; (2) What percentage of the membership must approve?; and (3) What challenges might an amendment face?

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