Wise v. Harrington Grove Community Association, Inc.: A Pickwickian Critique

In this article, I will examine various aspects of the Wise decision, including the approach of the North Carolina Supreme Court to both the common law of covenants and the PCA itself. I will also evaluate the impact of a recent amendment to the PCA, and revisit and reflect on selected legal issues raised by the passage of the PCA now that five years have elapsed since its effective date. While the article focuses specifically on the North Carolina PCA, it is important to keep in mind that a planned community is but one form of real estate development and governance that is now popularly denominated common-interest communities

Of Private Governments and the Regulation of Neighborhoods: The North Carolina Planned Community Act

This article will highlight the countless instances in which the Planned Community Act deviates in material ways from both the Uniform Planned Community Act and the North Carolina Condominium Act. Many of these variances and omissions amount to a reinforcement of the power of the declarant and, eventually, the owners\u27 association. In the abstract, many contribute to a fundamental shift in the balance of power from private property owners to private governments. Discussions and summaries of the Planned Community Act to date have not emphasized the numerous policy decisions that were consciously or indirectly made when the General Assembly enacted the greatly modified Act

Drafting Common Interest Community Documents: Minimalism in an Era of Micromanagement

Part I of this Article suggests a minimalist approach to the drafting of documentation creating a common interest community. It assumes that the common interest community will be located in a jurisdiction that has passed some form of a comprehensive uniform act. Part II then analyzes the issue of promises (covenants, restrictions, and rules) and addresses issues that include the unfortunate contemporary trend toward micromanagement of communities. It goes on to suggest that a legislative and judicial reaction to private community governance is developing. Part III of this Article explains why existing consumer protection devices are little more than mirages in terms of effectiveness. As a solution, it advocates combining minimalist drafting techniques with concise, meaningful, voluntary disclosures to consumers