COVID Impacting Your Home Finances? You May Qualify for Help.

COVID-19 was a one-two punch for a lot of us, not only putting health at risk, but also homes. As an educator of community association volunteer boards*, it’s an important part of my job to share news that makes a difference to homeowners and associations. And I have good news that will have an enormous impact on our friends and neighbors.  The State of North Carolina has recently won approval of its Homeowners Assistance Fund from the federal government, a part of President Biden’s 2021 American Rescue Plan that provides money to homeowners facing financial challenges due to COVID. Qualified homeowners can request up to $40,000 in financial aid to prevent mortgage delinquencies, defaults, displacements and foreclosures. An important part of this fund includes assisting owners in paying their HOA and condo dues, preventing possible foreclosure and keeping them current with their community association policies.

 North Carolina’s $273 million Fund provides temporary and permanent relief for people living in single-family homes, townhomes, condos, and mobile homes–both homeowners and those without a mortgage. It includes mortgage reinstatement to catch up on late payments and other housing costs due to forbearance, delinquency, or default.  The Fund will also pay for homeowner’s insurance, flood insurance, mortgage insurance, and delinquent property taxes to prevent foreclosure. Additional financial hardships that may qualify for assistance include job loss/business closure, fewer hours or lower pay, difficulty finding a new job, death of a spouse or partner, and increased expenses due to the pandemic, such as health care, caring for a family member, higher child care costs, and increased overall costs due to quarantine. Best of all, there is no repayment of qualified assistance.   

 As Chairman of the Community Association Institute’s (CAI) Legislative Action Committee for North Carolina, we had numerous interactions with federal and state officials about this much-needed Fund. I’m proud that our team’s efforts were a vital part of getting community association fees included in this crucial program. But more importantly, I’m proud of how we worked together during these COVID times to lighten the financial burden people are carrying and relieve some of their anxiety. That’s what good neighbors do...and good neighbors are what community associations are all about. 

 Are you in financial trouble due to COVID? Do you need help paying your HOA dues or other housing costs?  The NC Homeowners Assistance Fund website has all the details, including frequently asked questions and eligibility/application forms. Visit https://nchaf.gov/ or call 1.855.MYNCHAF.

By:

Paul K. Mengert, CMCA, PCAM

Association Management Group, Inc. 

New Appellate Case: Almason v. Southgate on Fairview Condominium Association

In a decision issued today (February 1, 2022), the North Carolina Court of Appeals examined several issues that associations deal with regularly—budget ratification, owner attendance at board meetings, rules governing board meetings, and association records requests. Nothing in the decision is groundbreaking, but the findings of the court may provide comfort that your association practices are proper (or may suggest you need to make some changes).

Almason v. Southgate on Fairview Condominium Association, Inc. et al. is an “unpublished opinion,” which means the decision is not controlling legal authority and should not be cited in other cases. However, even unpublished opinions give a sense of the Court’s thinking as to specific issues and how subsequent courts may rule.

In Almason, the owners in a condominium subject to the NC Condominium Act (NCGS 47C) had numerous complaints against their association and its board members, including:

• There was no quorum present for the budget ratification meeting.

• There was no motion, second or vote to ratify the budget at the member meeting.

• The board was not allowing owners to attend sufficient board meetings.

• Board rules limiting owner attendance at board meetings to 15 minutes were unreasonable.

• Board policy prohibiting owners from recording board meetings violated the Bylaws.

The NC Court of Appeals decided all these issues in favor of the Association.  

Appellate cases are detailed and fact specific. However, here are some takeaways:

• Budget Ratification. Regardless of language in bylaws, all planned communities created after January 1, 1999 and all condominiums must follow the statutory budget ratification process. Those statutes specially provide that no quorum is necessary for the meeting. And no vote to “approve” the budget is necessary in that the budget will be ratified unless a majority of all the owners in the association vote to reject the budget. So the budget can be ratified in three ways: (1) no motion is made to reject the budget, because members are fine with it; (2) a motion is made to reject the budget, but the motion does not receive a vote of a majority of all owners in the association, so the budget is ratified; or (3) not enough owners show up at the meeting to constitute a majority of the entire membership (with so few owners present, there is no way the budget can be rejected).

• Owner Attendance at Board Meetings. There are statutes governing owner attendance at board meetings that apply to all condominiums and all planned communities. “At regular intervals, the executive board meeting shall provide [owners] an opportunity to attend a portion of an executive board meeting and to speak to the executive board about their issues and concerns.” The owners in Almason argued that a policy allowing owners to only attend three board meetings per year was unreasonable. The Court noted that the Bylaws did not require the board to allow owners to attend a certain number of meetings, and that the phrase “regular interval” could even mean “attendance at one Board meeting between annual meetings.”

• Rules Governing Attendance at Board Meetings. In Almason, the Association had a board policy that owners were permitted to attend 15 minutes of a board meeting, which the owners argued was arbitrary. As noted above, the statute governing owners attending board meetings states that owners have a right to attend “a portion” of such board meetings. The Court held that the Board’s 15-minute limit complied with the Association’s bylaws and statute.

• Owners Recording Board Meetings. In Almason, the Association had a board policy prohibiting the recording of Board meetings by owners in attendance. The owners argued there was no basis for such a policy in statute or the bylaws. However, the Court noted that association membership and board meetings are governed by Robert’s Rules of Order Newly Revised (12th Edition), and that Robert’s permits a deliberative assembly to make and enforce its own laws. As a result, the board “had the inherent authority to enact and enforce rules for its meetings and that those rules would apply to owners attending those meetings.”

• Records Request. In Almason, the owners made certain records requests pursuant to statute and took the position that the Association had failed to produce those records. The Association noted that it has produced records in its possession and that the additional records being requested did not exist. Owners’ position was that “it is not credible that no minutes exist for these months.” The Court held that owners “presented no evidence that such records actually exist to contradict the [Association’s] testimony the Board does not keep such minutes.” The takeaway here is that while an association has an obligation to turn over certain documents to owners upon request, the documents have to actually exist.

With such a long opinion (16 pages), it’s always best to read the actual case if you want to know how it might impact a different association. And then talk to an attorney about your specific facts. The Almason decision can be found here: https://www.nccourts.gov/documents/appellate-court-opinions/almason-v-sgate-on-fairview-condo-assn-inc-0. 

Sincere thanks to Jim Slaughter and Law Firm Carolinas for providing the above blog post.

6 TIPS FOR HOSTING A NEW YEARS EVE PARTY in an HOA Community

If you’ve decided to ring in the new year in your home. It is important to be aware of HOA rules concerning parties. Here are some tips to make party planning a little less stressful.

1. Make sure you are aware of all rules concerning hosting gatherings in your community.

Most homeowners are aware of their HOA guidelines for hosting guests. There also may be some regulations with your local city, such as parking near fire hydrants, street lights, blocking sidewalks, etc. It's a good idea to have the details so your party will run smoothly without an incident.

2. Be a Good Neighbor

It’s good etiquette to let your neighbors know that you’re hosting a party. This will let them know that they’ve been considered and they’ll be more understanding of higher volumes of noise. If you’ve recently moved in, you could even invite them over — there’s nothing sweeter than ringing in the new year with a new friend.

3. Set a limit for the number of people you invite, and stick to it

It can be tempting to invite your friends, neighbors, gym buddies, and everyone else you see on a regular basis, but keeping the party on the smaller side will not only make your event more intimate, but it will also be less stressful!

Be aware of HOA rules concerning the number of people that can be in your home for a party.

4. Be Aware of Excessive Noise

Perhaps one of the most common noise complaints that homeowners have has to do with parties — New Year’s Eve parties in particular. Associations generally take no issue with an HOA holiday party, but it becomes a problem when there is excessive noise. Before the holidays roll around, HOA boards must remind all homeowners about the HOA noise restrictions. It is important to be aware of HOA rules concerning parties. The HOA board can fine you for excessive noise complaints or might limit the number of people you can have at a party in your backyard.

5. Parking

The holiday season brings many people together, and that means extra cars will need to be parked around a community. Associations usually have broad authority to make rules and regulations related to temporary, short-term parking. The board can prohibit parking on lawns, in front of a fire hydrant, or anywhere that blocks a sidewalk, an emergency vehicle’s access, or another driver’s view. Resident’s hosting guests should check the rules on visitor parking, including where they can park (such as an overflow lot, if the association has one) and the kind of parking passes they may need.

6. Have a Plan for When the Clock Strikes 12

Whether it’s bringing out your best bottle of bubbly, ensuring everyone gets a party horn and streamers, or even deciding what channel to watch the countdown on, have a plan in mind to usher the new year in with a bang.

Having a New Years Eve party in your Homeowners community can be an enjoyable experience provided you are considerate to neighbors and abide of the HOA rules in your community.

Preparing Your Home for the Winter Season

With the winter season almost upon us, preparing your house for winter should be on the top of your to-do list right now. Winter can seem like a gentle season, with falling snow and cooler temperatures that encourage you to cozy up with a warm drink. But the winter months, including cold weather and winter storms, can be fierce and damage your home if you aren’t prepared. Bankrate can help you get ready for winter with tips to prepare your home. These steps might help lessen the damage to your home during winter storms and might even help you avoid damage altogether.

Tune Up Your Heating System

For about $80 to $100, a technician will inspect your furnace or heat pump to be sure the system is clean and in good repair, and that it can achieve its manufacturer-rated efficiency. The inspection also measures carbon-monoxide leakage.

Winterize Water Pipes

Water supply pipes are especially susceptible to freezing in cold weather, and burst pipes from freezing can cause some of the most expensive repairs in the home. Exposed drain pipes can also occasionally freeze, so, it is important to systematically review the plumbing pipes in your home.

Assess Your Roof

Roof maintenance is best done before the cold sets in, and it’s crucial for preparing the outside of your home for winter. The best way to determine your roof’s integrity is to do a visual inspection. You will want to look for sections of the roof where the shingles are cracking, bending, or just plain missing. Loose screws and rusted panels should also be checked to see if there are some potential leaks in the making. Review our roof maintenance checklist to ensure your roof is ready to withstand the winter months.

Assess windows and doors

Heat lost through windows and doors can account for up to 30 percent of home energy use, according to the U.S. Department of Energy. To keep heat in the house, look for cracks or gaps in the exterior caulking, check seals around exterior door and add caulking or weather stripping as needed. While these DIY fixes can reduce heat loss, a professional energy assessment can provide additional insights into areas where you may be losing heat and recommend fixes.

Check Batteries in Smoke and Carbon Monoxide Detectors

According to the U.S. Fire Administration, heating is the cause of 27 percent of structure fires during the winter months. So make sure all smoke and carbon monoxide detectors are working in your home. And it's best to have smoke alarms in every room of your home, including hallways. Be sure that home maintenance includes checking the batteries in all alarms once a month is always on your home maintenance checklist.

Maintain Your Chimney

If you have a working fireplace, get your chimneys cleaned and inspected annually by a pro to help decrease the risk of fire from buildup or blockages, says the Chimney Safety Institute of America. These yearly inspections may also help to prevent carbon monoxide intrusion.

Prep Your Snow Removal Tools.

Have your snow shovels and sidewalk salt ready for anything winter brings. Keeping your driveway clear from snow and ice is a must to keep your family safe, but clearing your sidewalk is your responsibility to your neighbors. Not only will you make it easier for neighbors to go for a stroll, but you’ll also be protecting them from slipping and falling — and you might be protecting yourself from any legal liabilities, too.

Reverse Your Ceiling Fans

This simple step shouldn’t take you very long at all. If your ceiling fan has a reverse switch, use it to make sure the blades are turning in a clockwise direction. Doing this will help push down all the rising warm air from the ceiling back into the room. This tip is especially crucial for spaces that have high ceilings.

Make Sure You're Prepared in the Event of a Winter Storm

Winter storms can come at any time and wreak havoc on your home, and even knock out the power. Make sure you're prepared in the event of a winter storm by having an emergency survival kit in your home. Make sure to stock up on bottled water, non-perishable food, flashlights, first-aid supplies, batteries, and a smartphone charger.

While winter home preparation can seem intimidating, a little work can go a long way! Taking these steps will prepare your home for the increased amount of time you’ll be spending indoors, and it will also ensure your time there is warm and cozy.

Enjoy your cozy home.

AMG Shows Gratitude for Employees with 2nd Thanksgiving On Wheels Meal

This week, AMG’s Thanksgiving On Wheels event brings fully-cooked turkey and sides to team members across the Carolinas. 

                AMG Shows Gratitude for Employees with 2nd Thanksgiving On Wheels Meal

It’s said, feeling grateful and not expressing it is like wrapping a beautiful present and not giving it. For the second year in a row, AMG is wrapping and giving the gift of gratitude to its team. The second Thanksgiving On Wheels is happening this week, a time when AMG contributes to the Thanksgiving dinners of its 50 employees. The company is ensuring it will be a holiday to be grateful for by providing each team member across its five North Carolina and South Carolina offices with the foundation of their Thanksgiving feast: a fully cooked turkey with gravy, and two pint-size side dishes of beans and mac n’ cheese.

“As we work through this second year of COVID, we feel it’s especially important to recognize the contributions of our staff,” said AMG President, Dacy Cavicchia. “They are essential in every way, and we honor and appreciate their resilience, strength, professionalism, and dedication.” 

CEO and Founder Paul Mengert and Vice-President May Gayle Mengert agree that a culture of gratitude is pivotal to the success of the company they originated in 1985. “AMG has a long and proud history of supporting communities, including raising money for local food banks,” Mengert said. “This is a reminder to our internal community–our staff across the Carolinas who give so much both at work and to area nonprofits–that they matter, we count on them, and we appreciate them for all they are and do for us and our clients. We have so much to be thankful for: especially our hard-working, dependable employees.”

https://www.yesweekly.com/business/hoa-management-company-amg-shows-gratitude-for-employees-with-2nd-thanksgiving-on-wheels-meal/article_0565edee-4c83-11ec-b307-c32c788e18b7.html

New Legislation Allows North Carolina Condominium and Homeowners Association Residents to Conduct Virtual Meetings

For Immediate Release
Contact: Amy Hawkes Repke, arepke@caionline.org, 703-970-9239

 Leslie Blum, Leslie.blum@cai-nc.org, 919-525-4993

New Legislation Allows North Carolina Condominium and Homeowners Association Residents to Conduct Virtual Meetings

Sept. 21, 2021—Falls Church, VA—Community Associations Institute (CAI) applauds Governor Cooper and the North Carolina General Assembly for the recent passage of HB 320 Modernize Remote Business Access, new legislation allowing community associations to conduct their association’s board and annual meetings virtually.

The legislation supports the 2.8 million North Carolina residents living in the state’s 14,000 community associations, commonly referred to as condominiums, homeowners associations, and housing cooperatives.

Prior to the COVID-19 pandemic, community associations were required to host in-person meetings. Once the pandemic forced residents to shelter in place, CAI and the Institute’s North Carolina Legislative Action Committee began advocating for new laws to assist community associations officially conduct business. On Dec. 31, 2020, the state’s emergency executive orders authorized a board “in its sole discretion” to determine that all or any part of a membership meeting may be conducted by remote communication and remote balloting. Since December, North Carolina residents immediately voiced a preference to this type of meeting.

“Virtual meetings have increased the efficiency and resident participation of meetings resulting in more community engagement, as well as offering a cost-effective way to share information and documents,” says, Paul Mengert, CMCA, PCAM, chair and federal liaison of the CAI North Carolina Legislative Action Committee. “While compromise was needed by all parties to move this legislation forward, we are very pleased the legislature and Governor recognized the need to support virtual meetings in North Carolina communities.” added Mengert.

CAI-NC Offers Educational Webinar About HB 320 Oct. 5, 2021 – All are welcome! Info & Registration here.

Since March 2020, nearly half (47%) of associations say they’re now hosting virtual board meetings and 49% of associations report that virtual meetings have increased efficiency for association operations, according to CAI’s Virtual Meeting & Electronic Voting Survey results. According to CAI, the North Carolina Legislative Action Committee worked closely with lawmakers to help craft the legislation so that it is meaningful to homeowners living in community associations and their governing boards of directors. “The new legislation is a huge win for North Carolina community association residents,” says Thomas M. Skiba, CAE CAI’s chief executive officer. “We’ve witnessed the pandemic change the way companies conduct business and community associations are no exception. We believe that the best communities have highly engaged members and by creating new channels of communication, more residents have the opportunity to be heard—increasing homeowner participation and collaboration to make important decisions for the community.”

Today, 12 states have statutes that allow for remote or virtual meetings, six states initially enacted emergency powers that allow associations to meet virtually with both Connecticut and North Carolina passing and enacting state statutes since the start of the pandemic. For a full list, visit at www.caionline.org/virtualmeetings.

About Community Associations Institute
Since 1973, Community Associations Institute (CAI) has been the leading provider of resources and information for homeowners, volunteer board leaders, professional managers, and business professionals in the more than 355,000 homeowners associations, condominiums, and housing cooperatives in the United States and millions of communities worldwide. With more than 42,000 members, CAI works in partnership with 36 legislative action committees and 63 affiliated chapters within the U.S., Canada, South Africa, and the United Arab Emirates as well as with housing leaders in several other countries, including Australia, Spain, and the United Kingdom. A global nonprofit 501(c)(6) organization, CAI is the foremost authority in community association management, governance, education, and advocacy. Our mission is to inspire professionalism, effective leadership, and responsible citizenship—ideals reflected in community associations that are preferred places to call home. Visit us at www.caionline.org and follow us on Twitter and Facebook @CAISocial.

CAI-North Carolina Chapter is one of more than 60 Community Associations Institute chapters across the US and around the globe.

6 Ways to Prepare Your Home for the Fall Season

As the season begins to change, it's time to prep your home for falling leaves, cooler weather, and, eventually, winter storms. Tackling a few fall home maintenance tasks now can help ward off issues later in the season, so you can enjoy everything you love about autumn worry-free.

Clean your gutters

It’s good to clean out your gutters every season, but it is most important to do before fall hits because you don’t want them to get clogged. All of the leaves on your trees will fall and these can easily get stuck in your gutters and cause damage if the weight becomes too heavy.

Seal up air leaks

Feel for drafts around the edges of windows and doors. A good tip is to use a lighted candle and if the flame flickers, there’s most likely a draft. If necessary, replace seals and repair caulking around window and door frames. Consider buying heavier or insulated drapery for especially drafty windows

Inspect and Repair Your Roof

Give your roof a quick look-over and search for any signs that it is damaged and needs to be fixed. Start by looking for curled, broken, or missing shingles, moss growth, or rust. Notice any of the mentioned issues or have concerns? Consider having your roof professionally inspected as soon as possible.

Inspect your furnace

If you didn’t already do it last spring, consider getting your furnace professionally serviced in time for the cold season. At a minimum, visually inspect your furnace and replace the furnace filter before you start using it on a daily basis.

Sweep your chimney, and clean your fire place.

This is an extremely important check that you need to do before the start of the fall season. Creosote is a very high flammable substance that builds up inside the chimney as a result of burning wood and it needs to be cleaned out for your safety and energy efficiency. Before you get the fireplace up and running, your fireplace also needs a thorough cleaning. Make sure there are no nests from spiders, and clean out all the leaves that may have fallen into the fireplace area. You can also make a mixture of warm water and mild dish washing liquid to clean up the mess around the fire place.

Make sure that your humidifier is working.

A humidifier will not only keep the bone-dry air at bay, but it will also prevent wood from cracking. Check the pads or plates on your humidifier, and clean them using laundry detergent. Scrape off any mineral deposits using steel wool or a wire brush

Hopefully these tips will help you avoid costly repairs and problems in the future. By preparing your home for fall, you’ll be doing a lot of the prep for spring and summer as well!

2020–2021 U.S. NATIONAL AND STATE COMMUNITY ASSOCIATIONS STATISTICAL REVIEW

In the infographics below you will see the US Statistics on Homeowner’s Associations, locations, and association numbers.

1. THE U.S. COMMUNITY ASSOCIATIONS, HOUSING UNITS, AND RESIDENTS

2. COMMUNITY ASSOCIATIONS BY STATE

3. NATIONAL DATA, 2020

Association Management Group (AMG) CEO Paul Mengert Named Educator of the Year by Community Associations Institute (CAI)

Association Management Group (AMG) CEO Paul Mengert Named Educator of the Year by Community Associations Institute (CAI)

Paul Mengert, founder and CEO of Association Management Group (AMG) headquartered in Greensboro, North Carolina, has been named “Educator of the Year” by the Community Associations Institute (CAI), a global non-profit organization that provides resources and information for homeowners, volunteer board leaders, professional managers and business professionals in homeowners associations, condominiums, and housing cooperatives in the United States and around the world.

 Each year at its annual conference, CAI honors individuals who have made significant contributions to CAI and the community association way of life. According to CAI, the Educator of the Year Award is given to a member who has contributed valuable educational content. Specifically, the award recognizes excellence in creating valuable, relevant and consistent content for the CAI audience.

Mengert founded Association Management Group (AMG), a professional community association management company, in 1985. Under his guidance, AMG has become a powerhouse among homeowner and condominium association management companies in North and South Carolina. AMG manages the operations and maintenance of client community and homeowner associations of all sizes representing more than 30,000 property owners. The combined asset value of these communities is more than $5 Billion.

Mengert credits his ongoing continuing education for contributing to his business savvy and leadership skills. His undergraduate studies were at the University of North Carolina at Greensboro. He is an alumnus of the Harvard Business School (OPM) and recently earned a certificate in Diversity and Inclusion from Cornell University. Mengert was also named a Certified Manager of Community Associations (CMCA) and a Professional Community Association Manager (PCAM) by the Community Associations Institute. He is a regular lecturer for CAI and serves on its national senior faculty. Additionally, Mengert teaches/co-teaches classes at Wake Forest Law School, Elon Law School and in the Harvard Business School's alumni program at the McColl School of Business at Queens University.

Always seeking to foster an environment of professionalism and learning, Mengert seeks and creates opportunities for AMG staff to further their own educational growth. As a result, many AMG staff have completed the rigorous curriculum to achieve CAI’s designations, including: PCAM. AMS (Association Management Specialist) and CMCA (Certified Manager of Community Associations).

It is his work in the wider community for CAI that earned Mengert the Educator of the Year Award. He has served 20 years on CAI’s national senior faculty. He has created and led numerous educational courses over those two decades on a wide variety of topics at both the national and local chapter levels.

 Mengert has led continuing education classes for the North Carolina Board of Realtors, South Carolina Department of Real Estate, the California Department of Real Estate, the Florida Bureau of Condominiums, the Nevada Department of Real Estate, the Georgia Department of Real Estate and the North Carolina Bar Association, which all award continuing education (CE) credits. He has authored several association books and numerous articles, which are taught in several training courses and in multiple languages.

Mengert also has business experience in multiple industries including housing, construction, consumer services, transportation, aviation, banking, manufacturing and others. He is a frequent speaker at conferences related to home services, professional services and other sectors. Mengert is also one of the founders of Greensboro’s Carolina State Bank where he served on the Board of Directors and is a licensed commercial pilot who flies charity and relief mission flights for Angel Flight and others. Additionally, Mengert serves as Chairman for both the Piedmont Triad Airport Authority as well as for the North Carolina Chapter of CAI’s Legislative Action Committee (NC-LAC).

About AMG

AMG is professional community association management company dedicated building effective community associations. AMG guides and assists executive boards to help protect the association’s interests, enhance the lives of community members and improve the property values in the community. With offices throughout the Carolinas, AMG is a knowledgeable partner in enforcing community governing documents with a proven set of processes and techniques and supporting communities with a broad range of services which can be tailored to individual community needs. Association Management Company, Inc., is a locally Accredited Business by the BBB and is a nationally Accredited Association Management Company (AAMC) by the Community Associations Institute. For more about AMG, visit AMGworld.com.

About CAI

Community Associations Institute (CAI) is a leading provider of resources and information for homeowners, volunteer board leaders, professional managers, and business professionals in the more than 350,000 homeowners associations, condominiums, and housing cooperatives in the United States and millions of communities worldwide. A global nonprofit 501(c)(6) organization, CAI is the foremost authority in community association management, governance, education, and advocacy. Its mission is to inspire professionalism, effective leadership, and responsible citizenship. Learn more at www.caionline.org.

Congratulations Will McPherson

Congratulations Will McPherson

Association Management Group (AMG) congratulates Will Mcpherson, the 2021 General Chairman of the Wyndham PGA Golf Tournament.

Will previously served as president of the Ridge Creek community association. He led the association in a transitional time with honor and distinction. He has remained active on the board, currently serving as secretary. Will has used the same set of leadership skills and discipline used in his community to facilitate a major PGA golf tournament.

AMG extends its thanks to Will and all community leaders for their community service!

Important Safety Tips for Children Returning to School

Going back to school is an exciting time for children as they look forward to entering the next grade level, seeing their friends and meeting new people. Yet it can also be a time of unforeseen dangers. By teaching children basic back-to-school rules and tips regarding their safety, they enter this exciting time with the knowledge and skills they need to stay safe while enjoying this special time and throughout the school year.

Here are important tips that promote safety for children returning to school

Talk With Your Child About Safety

Be sure that your child knows his or her home phone number and address, your work number, the number of another trusted adult, and how to call 911 for emergencies. Teach your kids to never talk to or accept rides from strangers. When approached by a stranger or dangerous situation children should always think “No, Go, Yell, Tell.”

School Bus Safety

The biggest risk regarding school buses is children approaching and exiting the bus. Often children do not remember to follow best safety practices, so it is up to the motorists in the community to keep safety in mind.

Get to know the other parents of children who go to school with your child or ride the same bus. This will help to ensure someone is looking out for your child in the event you are not around. It is also a good idea to get to know the school bus driver.

Walking Safety

Children should walk in a group if possible. This provides safety in two ways: a group of students may be more visible to a driver than a single student and it provides personal safety from someone who may wish to do harm to a student.

It’s always best to walk on sidewalks or paths and cross at street corners, using traffic signals and crosswalks. If there are no sidewalks, walk facing traffic as far to the left as possible.

Biking Safety

Have your child wear a helmet every time he or she rides a bike. Make sure the bike is the correct size for the child. A bike that’s too big makes injuries more likely.

Learning safety early can help ensure a lifetime of safe bicycle riding. Before your child starts riding, be sure to teach him or her the rules of riding.

These are a few of the many safety tips for children as they return to school. The more parents can do to implement ideas into their routine the safer their children will be.

The HOA or community association plays a big part in community safety. Volunteer for a safety committee at your local association.

Happy returning to school. Stay Safe!

2021 AMG Scholarship Winners Press Release

Association Management Group (AMG) - Carolinas Announces Winners in 2nd Annual Scholarship Program

HOA Management Company Servicing the Carolinas Awards Four College/University Scholarships to Community Members

(Greensboro, NC) July 22, 2021 – Association Management Group (AMG), a leading professional community association management company in the Carolinas, announced today the four college/university scholarships winners of $1,000 in its College/University Scholarship Program. AMG provides professional residential property management services to more than 30,000 homeowners across the Carolinas living in communities with homeowners or community associations.

AMG wholeheartedly believes in the preservation and enhancement of homeowner associations, emphasizing the value of community as it contributes to one’s overall quality of life. As a leading property management association, AMG works closely with dedicated community members, service providers and employees throughout the North and South Carolina regions.

This year’s scholarship prompt was based around just thatꟷ the importance of community. The essays were evaluated anonymously by a panel of eight judges, including representatives and staff from AMG, community board members from Greensboro, Charlotte and Greenville, as well as client community vendors. The program was open to residents and vendors from AMG properties, as well as AMG employees and family members from each respective category.

“We were pleasantly surprised by the turnout from this year’s program. It is so encouraging to hear from the future leaders of our community, especially in how their own experiences have shaped them into thoughtful, community-conscious individuals. I think giving back to the community is incredibly rewarding and it is uplifting to see young people with that same spark,” said AMG Vice President May Gayle Mengert.

The AMG scholarship recipients are:

• Manuela Monjimbo, attending the University of North Carolina at Chapel Hill, was awarded the Corey Flynt Scholarship. Flynt, who died in a car accident in 2017, was the son of AMG’s President Dacy Cavicchia and brother to Charlotte Director of Operations, Danielle Rudisill and Special Projects Coordinator, Cassie Kutay.

• Sophia Bowers, also attending the University of North Carolina at Chapel Hill, was awarded the Billie Butler Scholarship in honor of Butler’s 20+ years dedicated to serving AMG clients in the Charlotte area.

• Bethany Castro-Lucero, attending the University of North Carolina at Greensboro, was awarded the Ron Erickson Scholarship in honor of the late world-class financial planning professional and role model to all who knew him.

• Payton Egan, attending Appalachian State University in Boone, North Carolina, was awarded the Tommy Badgett Scholarship in honor of long-term AMG employee and friend, who recently passed away this past January. His memory, in addition to the previously listed honorees, will be cherished forever.

“This scholarship program has been a great way to highlight the significance of community while honoring the memory of four individuals and their contributions to our community. I cannot think of a better way to continue honoring their legacies than by doing our part to help make a difference in the lives of others. The chosen essays reflect the diversity of our communities, and all have a common theme of appreciating cultures aside from our own,” added CEO Paul Mengert.

About AMG:

AMG is a professional community association management company dedicated to building effective community associations. AMG guides and assists executive boards to help protect the association’s interests, enhance the lives of community members and improve the property values in the community. With offices throughout the Carolinas, AMG is a knowledgeable partner in enforcing community governing documents with a proven set of processes and techniques and supporting communities with a broad range of services that can be tailored to individual community needs. Association Management Company, Inc., is a locally Accredited Business by the BBB and is a nationally Accredited Association Management Company (AAMC) by the Community Associations Institute.

For more about AMG, visit AMGworld.com.

Solar Panel Restrictions: The Court Of Appeals Illuminates Panel Restrictions

A “hot” topic in HOAs is the extent of an HOA’s authority to regulate solar panels. The legislature enacted a statute in 2007 that makes deed restrictions (i.e. a Declaration of Covenants, Conditions and Restrictions) void against public policy if they overly restrict an owner’s ability to install solar panels. The statute is N.C. General Statute § 22B-20 for those interested in reading it.

The courts have never shed light on the scope of the statute since its enactment until the N.C. Court of Appeals decided Belmont Association v. Farwig. The Farwigs installed solar panels on the front-facing roof of their home without prior architectural approval, and the association found them in violation of the declaration, which limits the type of improvements an owner can install without prior approval. Since the Belmont declaration did not explicitly refer to “solar panels,” the Farwigs argued that the general restriction against unauthorized improvements could not be enlarged to restrict the placement of solar panels.

Admittedly, the meaning of the statutes is clouded by unusual terminology and strange phraseology, and the court observed that certain parts of the statutes are ambiguous. The legislative history was convincing in the Court’s determination that the Belmont HOA had the authority to restrict the location of solar panels on the Farwig’s roof.

The Court determined that the legislature intended to prevent restrictions that “have the effect” of prohibiting the installation of solar collectors altogether, but not if the restrictions simply regulate their placement. As long as the declaration gives an HOA the ability to approve certain types of improvements (here, the Court determined that solar panels are the type of “improvements” that require architectural approval), then the HOA can limit where they can be placed.

The statute specifically says that it does not prohibit restrictions that disallow solar panels “on a roof surface that slopes downward toward” public access, such as a street. This was evidence that an HOA could prohibit the solar panels on the Farwig’s street-facing roof.

Relying on existing court decisions, the Court further held that restrictive covenants must be enforced reasonably and in good faith by an HOA. In short, an HOA’s declaration need not specifically use the words “solar panel”.

In a day of appellate opinions that shook the HOA, condominium and real estate world (see our other two blogs on these cases, which are more impactful than Farwig), the Court at least reaffirmed that owners bear responsibility for their own actions. The Farwig court’s parting message to the Farwigs was that “Defendants installed the solar panels first and sought approval later”, and therefore, their own decisions foreshadowed the outcome.

Used by permission of Offit Kurman, Attorneys At Law

https://www.offitkurman.com/blog/2021/06/01/solar-panel-restrictions-the-court-of-appeals-illuminates-panel-restrictions/

North Carolina Appellate Court Rules That Restrictive Covenants More Than 30 Years Old May Be Extinguished

We first blogged about C Investments 2 v. Auger, a potentially impactful case for older communities, several months ago. The North Carolina Court of Appeals has now rendered its opinion, which is discussed below.

C Investments purchased seven lots in the Country Colony neighborhood in Mecklenburg County. As is typical with many subdivisions in Charlotte (and in many other cities and towns), the developer of Country Colony in 1952 recorded restrictive covenants to restrict lots to residential-only use, to place restrictions on the type of structures that could be built (“one detached single-family dwelling not to exceed two and one-half stories in height”), on the number of residences that can be placed on a lot, to require homes to meet a minimum square footage, and to require setbacks from property lines.

At issue is the effect of the Marketable Title Act, a law enacted almost 50 years ago to eliminate stale restrictions that impact title to real estate. Historically, real estate law said that any title defect, encumbrance, or restriction in an owner’s chain of title is binding on present and future owners. In part because of the costs required to search real estate titles back to the beginning of real estate recordkeeping, the North Carolina legislature in 1973 enacted the Marketable Title Act. Despite the MTA’s decades-old dictates, it had never been meaningfully interpreted by the courts.

To oversimplify, the MTA’s goal is to extinguish title restrictions and defects that are more than 30 years old, as long as the defect does not appear in an owner’s chain of title for the past 30 years.

The MTA does have some exceptions. One of these exceptions is “covenants applicable to a general or uniform scheme of development which restrict the property to residential use only, provided said covenants are otherwise enforceable.” Such restrictions are not extinguished by the MTA, even if they do not appear in an owner’s chain of title for more than 30 years.

C Investments argued that the only part of the 30+ year old exceptions that survive the MTA are those pertaining to residential use. The owners in Country Colony argued that if a declaration contains a residential use restriction, all covenants in the declaration survive.

The Court sided with C Investments, holding that the plain language of the statute compelled the Court to determine that the MTA extinguishes all covenants other than the residential use-only restriction. The Court emphasized that it was not the court’s position to divine what the legislature meant when the language in the statute is plain on its face.

Of particular concern for planned communities is whether the MTA, after Auger, extinguishes covenants recorded more than 30 years ago. That said, the subdivision at issue in the Auger case is not subject to the Planned Community Act (Chapter 47F), so this court opinion does not address the interplay between the Planned Community Act and the Marketable Title Act. The PCA has language that says, if it conflicts with other statutes, the PCA controls, and this part of the PCA may protect planned communities formed under the PCA from the record-cleaning mechanism of the Marketable Title Act. (As of the present, this issue has not been addressed by the North Carolina Courts.) In addition, if a community has covenants that were recorded less than 30 years ago, then the MTA has a provision allowing them to be renewed before the 30-year expiration date. Communities need to quickly take stock of their situation and decide if they need to act. Because the mechanics of applying the MTA to restrictions older than 30 years can vary, each situation must be evaluated independently.

There was a dissenting opinion in Auger, which means that the North Carolina Supreme Court can more easily consider the case if one of the parties appeals.

Used by permission of Offit Kurman, Attorneys At Law

https://www.offitkurman.com/blog/2021/05/26/north-carolina-appellate-court-rules-that-restrictive-covenants-more-than-30-years-old-may-be-extinguished/

Older Condominiums Thrown A Curve Ball By North Carolina Court Of Appeals

The North Carolina Court of Appeals has issued a “published” opinion (meaning the case is binding authority for similar cases), effectively eliminating an important and effective tool for the collection of delinquent assessments for older condominiums: the “power of sale” foreclosure (“POSF”). Also known as “non-judicial foreclosure,” the POSF essentially utilizes the same legal process as mortgage foreclosures, where a neutral third-party trustee oversees the foreclosure from the commencement of the foreclosure through the sale of the property. This process is more efficient, less expensive, and faster than lawsuits, and unlike traditional lawsuits, the issues that can be raised are limited.

Condominiums formed on or after October 1, 1986, are governed by the North Carolina Condominium Act, Chapter 47C of the General Statutes. The Act details the procedures for POSFs, and has provisions that expressly make POSFs available as a remedy for condominiums formed prior to 1986 – which are otherwise governed by older law, the Unit Ownership Act (Chapter 47A), which is silent on the issue of POSFs.

The case, Executive Office Park of Durham Association, Inc. v Rock, involved a pre-1986 office condominium in Durham. The owner of several units fell behind in payment of his assessments (a fact which he disputed); the Association filed a Claim of Lien and later commenced a POSF. The Clerk of Court hearing the case granted the Association’s petition to move forward with a foreclosure sale. Mr. Rock appealed to the Superior Court, which upheld the foreclosure order. Mr. Rock appealed to the N.C. Court of Appeals.

The Court properly noted that the neither the 1982 Declaration for the condominium nor the statutory provisions governing pre-1986 condominiums (the Unit Ownership Act) provided for POSF. The only foreclosure procedure available to the Association, according to the court’s opinion, was a “judicial foreclosure,” which is a “traditional” lawsuit without the streamlined oversight of a trustee in a POSF. The Court reversed the prior rulings of the Clerk of Court and Superior Court, thereby voiding the right to pursue POSF for this and some similarly situated pre-1986 condominiums.

Inexplicably, the Court did not even mention in its very short (7-page) opinion, much less acknowledge, the unambiguous provisions in the Condominium Act that make POSF available to pre-1986 condominiums – despite the fact that the Association’s counsel specifically raised this argument in the appellate brief filed by the Association. For that reason, it is our opinion that this case was wrongly decided, and should be and will be reversed either by a requested rehearing of the case before the Court of Appeals, or on appeal to the North Carolina Supreme Court.

What does this case mean for pre-1986 condominiums? Unless and until this decision is reversed on a rehearing or appeal to the Superior Court, those associations will need to have their attorney review their declaration to determine if POSF is an available option. If not, the Association can (i) file a Claim of Lien and wait for the ruling to be reversed by the courts; (ii) pursue a judicial foreclosure, or (iii) pursue a small claims court lawsuit in the magistrate’s court.

The full court opinion can be found here: https://appellate.nccourts.org/opinions/?c=2&pdf=40202

Used by permission of Offit Kurman, Attorneys At Law

https://www.offitkurman.com/blog/2021/05/20/older-condominiums-thrown-a-curve-ball-by-north-carolina-court-of-appeals/

Essential Summer Maintenance Tips for Your Home

Essential Summer Maintenance Tips for Your Home

The summer temperatures can take a toll on your home. Every season homeowners should have a maintenance list for the home. Here is a list of summer to-do items.

Inspect Your Home's Exterior

It was a long winter, and it’s time to inspect your home’s exterior for things that could put it at risk in the future. This includes rotted or loose siding, mold or mildew, and moss growth. Once you’ve inspected the siding, power wash the home’s exterior surfaces to remove dirt, dust, sap, and anything else that could damage your siding or paint job. If you notice weak spots in the siding, contact a professional service company to help repair the damage. If there are spots of chipped or cracked paint, touch them up before summer gets into full swing.

Wash Windows and Replace Window Screens

Washing your exterior windows won’t make much of a difference if you don’t wash your window screens, too. Remove your window screens and gently scrub them with hot, soapy water. If your screens are too filthy to be cleaned, you may want to replace them.

Check and Clean Your Fans and Air Conditioner

First, you should look at your ceiling fans. The tops of fans routinely collect impressive amounts of dust during the winter months. When you start using these fans in the summer, the fan will spread these particles around your house, potentially exacerbating allergies, and having a negative impact on your air quality. And they’re easy to clean. You can either use a duster with a long handle, or you can climb on up and clean these spots with a Swiffer pad or damp rag.

Then, you’ll want to make sure your air conditioning is working. If you’re installing a window unit, remove and clean any filters before installing. And if you have central air, make sure that you are consistently replacing your filters to make your unit more energy efficient and effective.

Clean Gutters and Downspouts

Leaves, twigs, pollen, and other debris accumulates in your gutters over the winter and spring. If your gutters and downspouts stay clogged during heavy summer rains, the overflowing water can lead to flooding and structural damage. Typically done at least once a year, you may have to do it twice if you have a lot of trees around your home. Check also to see if any rust, holes, or cracks are developing. Repaint or repair to prevent the escape of rainwater in areas that could lead to water intrusion.

Replace the Air Filters Throughout your Home

The heating and air-conditioning system in your home works by intaking air from a room, which is then heated or cooled by coils and gets blown back into your home through the floor vents. Inside, your furnace’s air filter acts as the lungs of the system by preventing dust, pollen and other airborne particles from entering and getting blown back into other rooms. With such an important role in keeping your house and its occupants healthy, it’s vital that homeowners replace the filter on a regular basis.

Check and Clean Walkways, Driveway, and Patio

It’s a good idea to check your walkways, driveway, and patio to see if there are any cracks or weeds that need to be pulled before you begin cleaning them and repair any damage. Once you have done that, get out the power washer and wash away the last years dirt and grime.

ANNOUNCING FOUR ASSOCIATION MANAGEMENT GROUP (AMG) COLLEGE / UNIVERSITY SCHOLARSHIPS

May 22, 2021
Subject: ANNOUNCING FOUR ASSOCIATION MANAGEMENT GROUP (AMG) COLLEGE / UNIVERSITY SCHOLARSHIPS

Dear Community Members,

As an association management company, AMG understands the importance of community and the value of education.

Community is not just a set of buildings; it also includes closely held relationships. Throughout the last three decades, AMG has had the opportunity to work with dedicated community members, service providers and employees throughout the community whom we consider AMG family. Together, we have built strong communities where families and individuals can grow and thrive.

Scholarships to Honor Community Members

To help share our ideas of community to the next generation, AMG is proud to announce a set of scholarships in the amount of $1,000 each, beginning with the 2021/2022 school year. These scholarships honor the memory of four individuals who made a difference in the lives of others: 

• Billie Butler Scholarship – Billie joined our AMG Charlotte office in 1994. For more than 20 years, Billie used her nurturing skills to assist AMG staff members and provide exemplary customer service to AMG community members. She was a kind soul that was loved and respected by all.

• Ron Erickson Scholarship – Ron was a financial planning professional, a big-hearted mentor, and a true friend to many. Ron's dedication to public service and helping others was world class. He was a role model to all who knew him.

• Corey Flynt Scholarship – Corey was the son of AMG's President, Dacy Cavicchia. Corey tragically passed away in an automobile accident in 2017. He attended the University of North Carolina at Charlotte, was loved by many, and cared passionately for his family.

• Tommy Badgett Scholarship – Tommy passed away in January 2021 and began working for AMG in 1994 as a repairman. Over the years, his role expanded to include being a certified pool operator before retiring in 2015. He was not only a long-time employee of AMG but a kindhearted and one-of-a-kind friend. He is deeply missed, and his memory will be cherished forever.

You are eligible to apply for these annually awarded scholarships if you are:

• An employee of AMG or their child or grandchild.

• A resident of a community managed by AMG or their child or grandchild.

• A vendor of an AMG managed community or their child or grandchild.

These scholarships can be used towards any public college/university in North or South Carolina. (This includes vocational programs and community colleges. Nonpublic or non-Carolina institutions may be considered on a case-by-case basis, so others are still encouraged to apply.) The selection of the recipients will be based on a 300-word essay about the meaning of community.

Please visit our website: www.AMGworld.com/scholarships or email Stacey Speight at sspeight@amgworld.com for more information.

Sincerely,
May Gayle Mengert, AMS
Vice President

Two HOA Community Managers of Association Management Group (AMG) Earn Advanced Management Certifications

AMG's Melissa Cook and Dave Hebert, Earn the Association Management Specialist (AMS) Designation

(Greensboro/Winston-Salem, NC) DATE, 2021 – Melissa Cook and Dave Hebert, two community managers with Greensboro-headquartered Association Management Group (AMG), recently earned as Association Management Specialists designations from the Community Associations Institute (CAI), an international membership organization focused on building better communities. According to CAI, the AMS credentialing process requires two years of professional experience in association financial, administrative and facilities management, in addition to completion of multiple management courses and passage of a comprehensive exam.

“Earning an AMS credential requires both a personal and a professional commitment to self-improvement. Plus, it shows a dedication to providing the highest level of professional service to our community association clients and residents,” said Dacy Cavicchia, president of AMG, one of the Carolinas’ largest professional homeowner association manager organizations. “The AMS designation says our community managers understand the importance and unique challenges of community association management, and that they are committed to preserving communities, protecting property values and meeting owner/resident expectations.”

“I am very excited to not only obtain the AMS, but to do so with the AMG team,” said Cook, a Greensboro Community Manager. “I am also thrilled that this occurred during my fifth year with the company, marking that anniversary with this great milestone.” Cook earned her Certified Manager of Community Associations (CMCA) credential, a prerequisite to the AMS, two years ago. “I chose to pursue the AMS because it is a national certification. It enables me to work with community associations throughout North and South Carolina from any of AMG’s Carolina offices.”

Hebert also serves as a Greensboro Community Manager.  With the company for nearly three years, Hebert said, “I want to continually grow, in general, as well as within AMG. I see a future with AMG, and I want to be prepared to take on more responsibility and challenges. The AMS is the next step in that process.” With a background in teaching and management, Hebert added, “I was familiar with areas covered by the AMS training. But the process furthered my understanding of the ‘why’ of things and offered a more in-depth study of the job.”

About Association Management Group (AMG): AMG is the Carolinas’ leading professional community association management company, dedicated to building effective, successful community associations. AMG guides and assists association executive boards to protect their interests, enhance the lives of community members, and improve the property values of the community. With offices throughout the Carolinas in Greensboro, Winston-Salem, Charlotte and Raleigh, NC; as well as Greenville, SC; AMG is knowledgeable partner in enforcing community governing documents with a proven set of processes and techniques. AMG specializes in supporting communities with a broad range of services that can be tailored to individual community needs. Association Management Group, Inc. is a locally Accredited Business by the BBB, as well as a nationally Accredited Association Management Company (AAMC) by the Community Associations Institute (CAI). For more about AMG, visit http://www.amgworld.com.

How to spot and correctly identify North Carolina’s six venomous snakes

Original Article Source:https://www.newsobserver.com/news/local/article250722774.html

Article by BY BROOKE CAIN

APRIL 16, 2021 06:18 PM, UPDATED APRIL 19, 2021 03:36 PM

Excerpt (non-edited)

“For many, the sight of any snake will cause the heart to race. But of the 38 species of snakes in North Carolina, the majority are nonvenomous and not aggressive toward people unless threatened.”

5 Ways For Your HOA to Prepare For Summer

With summer coming upon us, the time draws near for HOA communities to prepare for the season. Here are 5 tips that will make the transition into summer easier:

Prepare Amenities for Use

Prepare your outdoor amenities, so they are ready to be used by the residents in your community. This means ensuring grills have gas and are in working order, the decks are scrubbed/dry/safe for use, all the chairs/umbrellas in common areas are in good repair, etc. Doing all of this in the months leading up to the equipment and facilities being the most heavily used helps avoid headaches for the HOA from complaints that equipment was not ready for use.

Prepare to open the community pool.

Schedule an initial inspection with your pool vendor to ensure the facility passes city inspection if required. Cities can get busy the closer it is to summer, so be sure you are not delayed in scheduling an inspection. Also, be sure any repairs are made before the inspection. Barring city inspection, be sure to test emergency phone lines, test fences, and gates, update pool rules that are posted, update pool hours, and inspect any pool furniture.

Hire a professional landscaping company. 

It is a good idea to look for winter damage in your HOA community, but when it comes to the dos and don’ts of landscaping for the summer, it’s best to leave it to the professionals. This option gives you top experience and unrivaled knowledge of flowers, trees, grass, and climate. It is also a cost-efficient alternative to manual labor and a huge benefit to your residents and potential buyers and renters.

Making sure common areas are safe.

After a long winter, your community’s playgrounds should be inspected before summer takes full effect. Ensure all children’s playground equipment is free of potential hazards and replace bolts and other structural pieces as needed. Watch out for any other hazards such as glass or insect infestations to remove as well. Post children at play signs near playground amenities to prevent accidents along roads.

Plan community events for the summer

Summer months are the perfect time to plan events that encourage residents to get out of their houses and mingle with neighbors. Potlucks, outdoor movie screenings, community talent shows, and dances are all memorable bonding experiences. If you are a board member, use these opportunities to introduce yourselves to residents and answer questions. 

From the classic cookout to a pool party or a family fun day, the options of what type of event is appropriate are endless. When deciding what, exactly, is an appropriate event for your community association will largely be determined based on the lifestyle the people in your specific community choose to live.