Electing a board of directors is one of the most important functions the membership plays in a community association ("HOA").

In late-February, real estate attorney Sam Franck went before the Pender County Board of Commissioners to address a complaint filed against his client, the owner of the Hampstead Marina.

In general, as long as such restrictions are drafted clearly, the North Carolina Courts will uphold their enforcement; however, there are several factors community associations...

Many of us are dealing with damage caused by fallen trees in the aftermath of Hurricane Helene.

The law provides that nonprofit corporations, including community associations, must "act" through their board of directors. The board of directors is (typically) made up of community members...

The shrapnel flew fast and far, and some fragments wound both sides. Which is why a subsequent federal ruling, Warner v. Gilbarco, Inc. out of Michigan, matters.

You've probably heard this by now, but hemp and hemp-derived cannabidiol ("CBD") were previously classified as Schedule I controlled substances under the Controlled Substances Act of 1972.

A key role of most community associations is to engage contractors, service providers, and vendors (all together, "vendors") to assist the community with its everyday needs.

One of the hallmarks of limited liability companies ("LLCs") is that members of an LLC ordinarily do not owe fiduciary duties to each other or to the company itself.

Today, the Supreme Court of the United States ("SCOTUS") decided in Bostock v. Clayton County, Georgia that the protections of Title VII of the 1964 Civil Rights Act ("Title VII") extend to...

At Ward and Smith, P.A. we recognize that people are our most important resource for sustaining excellent service, and we encourage employees to make a lifelong commitment to learning...

We often encounter template employment agreements that have not been revised for years or even decades in practicing employment law.

While we are adjusting to our collective new normal, we are certain of one thing: we are all living in a state of flux, and it seems legislation and interpretations are morphing, not just daily, but hourly in some cases.

On April 23, 2024, the Federal Trade Commission ("FTC") narrowly voted (3-2) to issue a final rule banning almost all non-compete agreements nationwide.

While many employers use the term "1099 employee" as a means to distinguish independent contractors from the company's W-2 employees...

The union has apparently called the election the most significant union victory at a hospital in the southern United States since 1975.

The SECURE Act is effective for distributions relating to the death of a participant in a qualified retirement plan or IRA owner on or after January 1, 2020.

These are questions we have grappled with since the Families First Coronavirus Relief Act ("FFCRA") was enacted one week ago (March 18, 2020). Here is what we know so far.

Senate Bill 527: ABC Omnibus has been adopted by the North Carolina General Assembly and is heading to Governor Cooper for signature.

A hallmark of bankruptcy law is equal treatment of similarly-situated creditors. The Bankruptcy Code frowns upon a debtor who, while insolvent, pays some creditors but not others in the run-up...