Our Blog
Articles and news from our firm.
Developer Fiduciary Duty when Conveying Common Areas to HOA
The relationship between developers and homeowners associations (HOAs) involves several responsibilities, particularly during the early stages of a community’s development. In most cases, developers of a community are tasked with establishing and initially managing...
Corporate Transparency Act Litigation Update and Reporting Assistance
As we’ve reported previously, here and here, community association board members and managers should be gearing up to comply with the Corporate Transparency Act (“CTA”), a new federal law which will require community associations to report information on their...
Ambiguity in HOA Covenants
Anyone who has actively served on a board of directors for their homeowners association (HOA) can probably tell you just how important it is to be familiar with your HOA’s governing documents, and just how important the precise wording of those documents can be....
Condominium Insurance in SC: What’s Required? When to File?
Horizontal Property Regimes (“HPRs”), often referred to as condominiums, are legally unique developments with various laws applicable exclusively to HPRs. Determining what an HPR association’s insurance obligations are or when and if an HPR association should file a...
HOA Document Recording Under SC HOA Act
Homeowners associations (HOAs) are generally subject to a number of documents which may include, but not be limited to, declarations of covenants, bylaws, a master deed, or amendments thereto. Of course, HOAs are also subject to their state law. In 2018, South...
Attorney-Client Privilege for Homeowners Associations
Attorney-client privilege can be particularly tricky for homeowners’ associations (HOAs), which naturally have numerous board members administering the association as well as members who have certain inspection rights.
Surveillance Cameras in HOA Common Areas
HOA boards may be surprised to learn that recording sound with surveillance cameras could actually subject the HOA to serious liability even when recording video is perfectly permissible.
Be Aware of Time Constraints in HOA Architectural Review Provisions
Even if your HOA is not subject to an express time constraint on its architectural review decisions, it is still advisable to ensure that applications are reviewed and addressed within a reasonable timeframe.
Social Media use by Community Associations
While social media can be a convenient way to get a message out to a large group of people, an HOA must be more careful with its use of social media than perhaps the average individual. In fact, it is worth careful consideration whether social media is right for your HOA at all.
More Litigation over the Corporate Transparency Act
As litigation over the CTA picks up, it is likely that the U.S. appellate courts or even the U.S. Supreme Court will need to resolve the challenge to the CTA’s constitutionality. In the meantime, community associations (and developers) are left with their pending obligations to comply with the reporting obligations of the CTA.
FTC Banning Noncompete Clauses: Management Companies Should Take Notice
Our attorneys at McCabe, Trotter & Beverly, P.C. are well-equipped and prepared to assist with your company’s response to the new Non-Compete Clause Rule and to answer any questions you may have.
Recording Restrictions for HOA Meetings
This article sets forth a very general summary of the law applicable to such a prohibition, as well as some factors that an HOA board might consider in determining to prohibit, or allow, the recording of meetings.