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Serving on an HOA Board is Not Just Rulemaking

April 21st, 2014

No Comments, Uncategorized, by Floyd Law Firm.

DUTIES OF HOMEOWNERS ASSOCIATIONS TO THE MEMBERS

  In South Carolina, homeowners associations usually operate as a non-profit corporation. The corporation, just like a for-profit corporation, is owned by the shareholders, which in the case of a homeowners association are the homeowners in the neighborhood.  The homeowners elect a board of directors to make decisions on behalf of the association. Those directors owe a fiduciary duty to the homeowners. Specifically, the directors owe the following duties to the homeowners:
  1. Duty of Care:
In making decisions on behalf of the...

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CAN YOUR HOA TELL YOU HOW MANY PETS YOU CAN HAVE?

April 7th, 2014

No Comments, Uncategorized, by Floyd Law Firm.
For pet owners looking to purchase a new home, the list of desired factors may be a little different than non-pet owners. Things like size of the house, backyard, fences, etc… often are the first things to consider. However, an often overlooked consideration for pet owners is whether or not the homeowners’ association or condominium association allows pets, and if so how many? Recently the State newspaper reported on a Myrtle Beach case that should serve as a wakeup call for pet owners looking to move into a new home....

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Careful Whom You Add to Accounts

February 26th, 2014

No Comments, Uncategorized, by casesolutions.
Various types of bank accounts held in the name of a single individual or entity have the virtue of simplicity, and the added bonus that the accountholder does not have to wait to make decisions until after a consensus has been reached with others. But sometimes other considerations make it desirable to add someone else, usually a relative, to an account. That is a perfectly reasonable step to take, but it is important to consider the ramifications, especially as it may affect federal deposit insurance for accounts insured by the Federal...

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Jury favors bank in state Sen. Cleary’s loan fraud lawsuit

January 24th, 2014

No Comments, Uncategorized, by Floyd Law Firm.
CONWAY — An Horry County jury on Thursday said the bank that state Sen. Ray Cleary once helped run did not defraud him in a $3 million property loan, agreeing with bank officials that Cleary is solely to blame for the loan’s default because he failed to do his own due diligence. Brad Floyd, a lawyer representing Bank of North Carolina, told the jury during closing arguments that Cleary was motivated by money during the real estate boom but then tried to blame the bank when the economy soured and development...

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Justice Department Poised to File Lawsuit Over Voter ID Law

January 24th, 2014

No Comments, Uncategorized, by Floyd Law Firm.
WASHINGTON — The Justice Department is expected to sue North Carolina on Monday over its restrictive new voting law, further escalating the Obama administration’s efforts to restore a stronger federal role in protecting minority voters after the Supreme Court struck down part of the Voting Rights Act, according to a person familiar with the department’s plans.

The lawsuit, which had been anticipated, will ask a federal court to block North Carolina from enforcing four...

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HOA FOUND LIABLE FOR FALSELY ACCUSING OWNER OF BEING A CHILD MOLESTER

December 31st, 2013

No Comments, Uncategorized, by Floyd Law Firm.
A Clarendon County jury last month awarded a condo owner $890,000 in damages after testimony showed that someone at the condo distributed copies of a page printed from a state government website, which showed a sex offender’s mug shot and rap sheet pulled from the state registry. The page implied that James E. king, a unit owner at the Santee Resort Condominiums, was the man in the picture and on the rap sheet.  The printout was distributed by sliding them under the doors of the condo association office. The problem...

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Protect Your Plastic

November 21st, 2013

No Comments, Helpful Tips, by Floyd Law Firm.
As new technologies change the way we pay for things, criminals are managing to keep pace as they devise ways to separate you from your money. Doing what you can to protect yourself is one part understanding the technology and at least equal portions of vigilance and common sense. Still, we can all benefit from some reminders. "Phishing" refers to out-of-the-blue e-mails, text messages, or phone calls from superficially legitimate sources, often couched in urgent tones, asking for your credit card or debit card information. The thieves then set up counterfeit cards and run up charges...

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Business owner awarded $36,000 for Burdensome Road Construction.

November 20th, 2013

No Comments, Uncategorized, by Floyd Law Firm.
Growing communities are constantly repaving old roads and building new ones to keep up with increasing populations. These projects are usually just a nuisance for drivers, but can have a substantial impact on business owners that operate in the areas where the work is being performed. The SC Court of Appeals, this month, upheld a jury verdict of $36,527 in favor of one such business owner in Charleston County. An owner of a commercial property lost his tenant (for a portion of the lease) due to ongoing road construction that he...

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Can Prosecutors seize your assets before you have a trial?

October 14th, 2013

No Comments, Criminal Law, by Floyd Law Firm.
The US Supreme Court on Wednesday will hear arguments regarding the Constitutionality of Pre-trial asset seizures, which have long been a powerful tool for prosecutors. For decades, prosecutors have only needed to point to a federal grand jury indictment to argue that defendants' assets are traceable to the criminal allegations and therefore can be seized.  Eventually, depending on whether a defendant is found guilty or is acquitted, frozen assets are either kept or returned by the government. The case originated with Kerri and Brian Kaley, who were charged in 2007 with...

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Top Researchers say “Dogs are people too”

October 14th, 2013

No Comments, Uncategorized, by Floyd Law Firm.
After training his dog to sit still in an MRI, Emory University neuroeconomics professor Gregory Berns says the MRI evidence may indicate that dogs have emotions, a finding that should spur a re-evaluation of the concept that dogs are property. Berns’ findings indicate that dogs have the ability to experience positive emotions, like love and attachment, and would mean that dogs have a level of sentience comparable to that of a human child. This ability suggests a rethinking of how we treat dogs. Dogs have long been considered property. Though the Animal...

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