It’s said, succeeding in business is all about making connections. AMG, Association Management Group, one of the Carolinas’ largest professional homeowners association managers, recently connected with attorneys specializing in commercial and residential real estate law. They sponsored a portion of the 2015 Real Property Section Annual Meeting, a part of the NC Bar Association Foundation Continuing Legal Education division. The Pinehurst, NC event brought together attorneys from across the state to learn about the latest developments in their industry: from construction law issues including lien filings and waivers to how to make a title insurance claim to modifications to the new Planned Community Act. And, thanks to AMG’s booth, they learned the company, a leading management firm focused on helping communities build effective homeowner associations, partners with attorneys to enhance residents’ experience and improve property values.
AMG President Paul Mengert, who trains community association managers across the US for the Community Associations Institute and has led classes for NC attorneys, says that, participation in an events like the Real Property Section Annual Meeting is key to success–of attorneys and AMG. “AMG is proud to interact with the NC Bar Association to help community associations offer their members the most effective business management and legal services,” he states. “In the attorney-oriented courses I teach, I focus on the strength and power of teamwork. Teamwork can lead to a better result for the client. By leveraging our expertise in managing and training community associations (homeowner, condominium) for other organizations such as boards of directors, managers, attorneys and Certified Public Accountants, we help them understand how communities and group decision-making work and support them in creating the best solutions for clients. It’s a win-win for everyone.”
AMG’s successful track record in homeowner association management is paying off for the legal community in the form of dynamic and interesting training sessions. “I have personally experienced AMG's highly effective approach for working with small groups of people that share a common interest,” says Dwight A. Ensley, JD, MBA, BBA, CVA and North Carolina Licensed Attorney and Certified Business Valuator of Greensboro’s ValuePointe.biz, business valuation analysts. “AMG's unique method can help groups to analyze situations, build consensus and effectively solve problems.” Carolyn Woodruff of Woodruff Family Law Group, family law and divorce attorneys, agrees AMG brings a lot to the table in terms of understanding group dynamics. “AMG has more than 30 years of experience and offices across the Carolinas. I encourage my colleagues to recommend and/or consult with AMG.”
AMG looks forward to participating in more events–as a vendor and an educator.
Thursday, May 14, 2015
AMG Sponsors NC Bar Association Foundation Real Property Section Annual Meeting in Pinehurst
Monday, March 30, 2015
Fair Housing Rules - children, pools and common areas.
Government, federal court complicate HOA pool rulesby Mike Hunter |
This week’s column was written by Michael Hunter’s law partner, Bill Hamel.
Most swimming pools have a list of rules posted somewhere on the premises. We’ve all seen them. The rules contain common sense prohibitions against dangerous pool activities, such as having glass in the pool area and diving into the shallow end.
And almost every set of pool rules contains a statement similar to this: “No one under the age of 18 may use the pool unless accompanied by a parent or guardian.” It makes sense, right?
According to a 2012 federal court opinion from California (Iniestra v. Cliff Warren Investments), a pool rule requiring adult supervision violated the Fair Housing Act (FHA) because it discriminated against families with children.
In explaining its opinion, the federal court found the rule requiring adult supervision to not make perfect sense if its goal was to ensure the safety of all swimmers. The court noted that the Iniestra children, who were competent swimmers, were not allowed in the pool facility without a parent, but yet adults who never swam a day in their life could use the pool facility without supervision. Also illogical was that a certified lifeguard who was under 18 could not use the pool without the presence of a parent or guardian.
Most homeowners’ association boards are aware that the FHA prohibits discrimination on the basis of race, religion, sex, and disability. But the law is much broader. The FHA also prohibits discrimination on the basis of “familial status,” which applies to children that live with a parent or other guardian.
Just as with other forms of discrimination prohibited by the FHA, homeowners’ association boards, their directors, and managers can be sanctioned, ordered to community service or FHA training, and fined. So swim clubs or any other common area or amenity areas where the HOA rules treat children differently than adults could violate FHA and those rules should be vetted for enforceability and potential for FHA liability.
This could include rules designating “adult swim” periods or curfews on children in the common areas or other restrictions for amenity use by children. Other federal cases have held that “adult swim” periods violate the FHA, but suggest that associations can avoid a violation by allowing general “lap swim” periods which are not restricted by age.
Both North Carolina and South Carolina have laws requiring the posting of warning signs at pools that potentially violate the FHA. South Carolina requires a posting that “no children should be in the pool without supervision.” In North Carolina it is necessary to post that “children should not use the swimming pool without adult supervision.”
There are also general state laws requiring parents or guardians to properly supervise juveniles. While federal laws typically trump state laws, logic dictates that some reasonable form of age restrictions relevant to pools would ultimately pass an FHA test as non-discriminatory purely as a safety measure if nothing else.
So how do we make common sense rules for the safety of the people who use our amenities without violating the FHA? The simplest explanation is to make rules as age-neutral as possible. Instead of requiring “supervision by an adult,” we might say “supervised by a competent swimmer.” Instead of having a rule that “children” should not play in the parking areas, we might say that “no one” should play in the parking areas.
The FHA is a complex maze of well-intended protections. Judges, attorneys, and legislators often disagree as to what the FHA means and what it prohibits. On top of that there are exemptions that could apply, such as for a senior-living community where rules regarding children may not violate FHA. Associations should have their policies relating to children reviewed starting with pool rules. Summer is looming.
Thursday, March 19, 2015
Ante up: NCDOT could be required to pay attorneys’ fees for low-balling landowners
The legislation proposes several changes that state condemnation lawyers “have been waiting and wishing desperately to have for years,” said Anne Duvoisin Fisher, a land law attorney at HensonFuerst in Boone.
Read more: http://mecktimes.com/news/2015/03/16/ante-up-ncdot-could-be-required-to-pay-attorneys-fees-for-low-balling-landowners/#ixzz3UqwKtEAP
Saturday, February 28, 2015
5 Must Read Books, To Take On Vacation
Are you wondering what book to take along for that dreaded and long air-plane ride to your vacation destination? Whether you want to escape, relax, or unwind, nothing will quite beat a good book that can accomplish all of those things. To help you make up your mind what to read on your next vacation, here are 5 quick, but very entertaining reads that we have picked out for you!
Beginner’s Greek by James Collins
The debut novel of the author, Beginner’s Greek is a truly wonderful story of Holly and Peter who meet on a cross-country flight, exchange numbers and then lose all touch until a fateful meeting brings them together again. Beginner’s Greek, while essentially a sweet story, is a very complicated one and readers will fall absolutely in love with the characters as they go through love, life and other relationships.
When You Are Engulfed In Flames by David Sedaris
The incredibly popular and highly talented author of humorous memoirs such as Me Talk Pretty One Day and others has come up with a new literary masterpiece. Essentially a collection based on his own life, David Sedaris has done it yet again with this book. Although having a slight tinge of melancholy as compared to his previous works, the book has its funny moments as well.
People of the Book by Geraldine Brooks
The Pulitzer Prize winning Author Geraldine Brooks shows us the fictional history of Sarajevo Haggadah in the ‘People of the Book’, which was a very important Jewish book that originated in Spain back in the fifteenth century. In the book, the author tells us about the survival of the Sarajevo Haggadah through a set of stories, woven together in a story by a conservationist who is on a quest to unlock the book’s mysteries in the mid 1990s. First published in the year 2008, ‘People of the Book’ is one full of intrigue, compelling tales and a lot of mystery.
Beneath the Marble Sky by John Shors
This highly tragic and very romantic fictional story narrates the time and events surrounding the building of the Taj Mahal. The book, although a love story, doesn’t have a happy ending and strangely echoes the real events in history at a time when an emperor grieving the loss of his wife, built a white marbled wonder in the 17th century and the events that took place afterwards. A story of war, beauty, tragedy and love, this is a story of an empire in turmoil.
I Am Having So Much Fun Here Without You by Courtney Maum
A reverse love story of its sort, this book by Maum is set in London and Paris and focuses around a British artist in full pursuit of wooing his French wife back into his arms, after the loss of his American mistress. The author tells us the story expertly of the main character’s midlife crises, and his many misguided attempts at regaining the love and trust of his wife,only to delve deep into his work in order to prove that he is still the man she married. A very heartfelt story telling us about love and fidelity in the contemporary age, this book is a very good read.
Sunday, January 18, 2015
Is it true that the president can vote only to break a tie?
No, it is not true that the president can vote only to break a tie. If the president is a member of the voting body, he or she has exactly the same rights and privileges as all other members have, including the right to make motions, to speak in debate, and to vote on all questions. So, in meetings of a small board (where there are not more than about a dozen board members present), and in meetings of a committee, the presiding officer may exercise these rights and privileges as fully as any other member. However, the impartiality required of the presiding officer of any other type of assembly (especially a large one) precludes exercising the rights to make motions or speak in debate while presiding, and also requires refraining from voting except (i) when the vote is by ballot, or (ii) whenever his or her vote will affect the result.
When will the chair's vote affect the result? On a vote that is not by ballot, if a majority vote is required and there is a tie, he or she may vote in the affirmative to cause the motion to prevail. If there is one more in the affirmative than in the negative, the chair can create a tie by voting in the negative to cause the motion to fail. Similarly, if a two-thirds vote is required, he or she may vote either to cause, or to block, attainment of the necessary two thirds. [RONR (11th ed.), pp. 405-6; see also Table A, p. 190 of RONRIB.]
Sunday, January 11, 2015
27 Great Parenting Tips
Being a parent is one of the hardest jobs in the world — but that doesn’t mean everything has to be a battle. If these ideas give you even five minutes back in your day, they’re worth sharing…
Friday, November 28, 2014
Do Not Delay Recording Liens . . .
From: The Wake Forest Law Review
by David Darr
Today, in Kingston at Wakefield Homeowners Association, Inc. v. Castell, an unpublished per curium opinion, the Fourth Circuit affirmed the decisions of the Eastern District of North Carolina and a North Carolina bankruptcy court finding Kim Castell, the debtor, did not have to pay $678.75 to Kingston at Wakefield Homeowners Association (HOA).
Was There a Lien on the Debtor’s House?
The only issue on appeal was whether the bankruptcy court erred in deciding that there was no lien on Castell’s real property making it unsecured debt because the HOA did not follow proper lien procedures.
Filing for Bankruptcy
On June 20, 2012, Castell filed for Chapter 13 bankruptcy. At that time, she owned the HOA $678.75 in dues associated with her ownership of real property in Kingston at Wakefield Plantation. This property was subject to the Declaration of Covenants, Conditions, and Restriction for Kingston at Wakefield Plantation (Declaration). The HOA claimed that the $678.75 was secured debt by a lien on Castell’s real property, thus not dischargeable in the bankruptcy proceeding. However, the HOA did not follow the statutory procedure of filing this lien with the county. The HOA’s claim was that the Declaration provided that the lien did not have to be filed to be effective, thus forming a valid lien without following the statutory provisions. The bankruptcy court found that there was no lien on Castell’s property. The HOA appealed and the Eastern District of North Carolina affirmed from which the HOA again appealed.
The Statutory Procedure vs. Declaration’s Procedure for Filing a Lien
North Carolina General Statute § 47F-3-116(a) states that a claim of lien must be “filed of record in the office of the clerk of superior court of the county in which the lot is located” and when filed “a claim of lien secures all sums due to the association.” However, it “does not prohibit other actions to recover sums.” In contrast the Declaration, states that unpaid dues shall become a lien on the real property, but also says that notice shall be given and recorded with the county.
No Common Law Procedure for Liens
The HOA argued on appeal that the language in the statute that allows “other actions to recover sums” points to a common law ability of a HOA to place liens on its real property and that the Declaration does not require the HOA to file a lien with the county. The Fourth Circuit disagreed with the HOA on both points. There is no common procedure way to file a lien because the statutory procedure is very specific and extensive and would preempt any common law rights. Secondly, the Fourth Circuit decided that even if there was a common law procedure for liens, the Declaration says to do the exact same thing as the statute. Both the statute and Declaration required filing with the county by their plain language. The HOA did not file with the county so no lien existed.
The Fourth Circuit Affirms
For the reasons stated above, the Fourth Circuit affirmed the decisions of the Eastern District of North Carolina and the bankruptcy court.
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Association Management Group, Inc. (AMG) encourages association to (after reasonable notice) promptly file liens to protect the association's rights, even when the debt is relatively small.