Avoid Legal Pitfalls with your Asheville VRBO Listing

More and more savvy visitors to the Asheville area are renting homes and downtown lofts rather than stuffy hotel rooms. Vacation rentals are often much better deals than hotel rooms. Vacation rentals can offer more space to the traveler, better prices and access to a local who can provide them an inside perspective for visiting their city. Now that Asheville is a well-known vacation destination, what better way to increase your monthly income than renting out a room or a property you own? At the same time, you are helping our economy by bringing more tourism to the area. You may also find that your short-term rental can become a long-term rental that provides housing to residents of Asheville.

Before you list your property on VRBO.com, Homeaway.com or Airbnb.com, it is important to seek sound legal advice. There are several issues to consider when listing property for rent by vacationers. Beware of local zoning laws regarding short-term rentals. You may face fines if you are renting property that are not within the zoning laws. In order to protect the affordable housing stock for our own residents, zoning laws only allow short-term/vacation rentals in certain locations. However, even if your property is not zoned to allow all types of vacation rentals, you may be able to lawfully rent a portion of your property if it is owner-occupied, provided your home and rental space meets certain size criteria set out by our local ordinance. There may be permitting fees, insurance and tax considerations. Additionally, under North Carolina law there are several rules that should be followed before you enter into an agreement with a traveler. You need sound legal advice and well-drafted legal documents to protect you from potential liability. Therefore, before you invite travelers into your home or rental, you should consult with a lawyer knowledgeable in vacation rental law.

At The Hart Law Group, we have counseled a large number of real estate investors and vacation rental owners. Our vacation rental legal documents are well-researched and meticulously drafted. We provide advice and assistance with setting up a Limited Liability Company (LLC) to better protect owners from liability. Our attorneys help owners understand how to list their property on reputable websites, and we provide advice regarding insurance matters, permitting, and sales tax and income tax consequences. We provide our clients with short-term lease agreements containing proper notices required under North Carolina law. We keep on top of changes to local zoning ordinances to advise our clients whether their rentals are within the law. We also have expertise and advice to offer outside of legal issues for vacation rentals including current market rates for vacation properties, how to make your vacation property attractive to guests, how to be a good host and how to seek positive reviews from past visitors.

Once you become a vacation rental owner, you may receive inquiries from residents seeking to rent your property long term. This is a common occurrence for our clients as Asheville has a shortage of rental housing. In some instances, our clients may wish to become a residential landlord rather than a short-term vacation rental owner. At The Hart Law Group, our attorneys also have years of experience representing residential and commercial landlords. When our clients decide to rent property to a long-term tenant, we provide detailed advice, draft leases and other documents necessary to become a successful landlord.

When you need an attorney who is experienced and well-qualified in the area of vacation rental law as well as commercial and residential landlord- tenant law, we hope you call The Hart Law Group for a consultation concerning the legal documents, information and advice you need to become a successful vacation rental owner or landlord. For more information about our services, please visit our website at www.thehartlawgroup.com or call us at (828) 271-4278.

Law and Professionalism

Mary Hahn Fetter, daughter of the
late Ward Hendon, accepts the
2014 Professionalism Award
on behalf of her dad.

Written by Attorney Mae Creadick
We’ve all heard dozens of lawyer jokes. For example, “How do you tell when a lawyer is lying? His lips are moving.” Each time I cringe and wonder if we will ever change this public misperception of lawyers. Today at the annual meeting of the 28th Judicial District Bar (JDB), the late Ward Hendon was awarded the Professionalism Award. Mr. Hendon was a lawyer who helped to change the perception that lawyers are the bad guys. I was happy to see this award go to Mr. Hendon and was moved to see his daughter accept the award on his behalf. As an attorney practicing for 12 years with the 28th JDB, I have been exposed to so many wonderful mentors and examples such as Mr. Hendon. Here are some basic professionalism lessons learned over the years:

1. Be courteous to your opponent, witnesses, the court and court staff. 
2. Follow the rules of court and law.
3. Do not criticize other professionals behind their backs. 
4. Be respectful of all individuals regardless of their differences or backgrounds.
5. Do not gloat or talk about yourself. If you win a trial, shake hands with your opponent and compliment his or her efforts. If you lose, do the same thing. 
6. When dealing with serious matters, do not lose your temper. Rather, use a lighter tone of voice and speak slowly and seriously.
7. Be prepared. 
8. Be concise. Do not speak too much, especially when others deserve their turn. Do not interrupt.
9. Make compelling arguments for your client’s case, but don’t judge those who do not believe as you do.
10. Donate your time, your skills and your money to those who are less fortunate.
11. Remember we are human. We need food, sleep, exercise, time with family, and time away from the office. This balance will make us better attorneys.
12. Be honest and ethical. 
13. Do not make promises to your client that you cannot keep.
14. Do not bully; stand up to those who bully others. 
15. Lead by example.
16. Use mediation to help resolve disputes. When appropriate, be flexible and encourage your client to be flexible. 
17. Be patient and persistent. Justice sometimes moves slower than molasses. 

Mae Creadick

In my time working with The Hart Law Group, I have come to know and appreciate that all of the lawyers at the Hart Law Group, strive to meet these standards. At events like the 28th JDB meeting recognizing Ward Hendon for his career of professionalism, we are reminded to honor those of us who stand out from the crowd. At the Hart Law Group, our professionalism helps us maintain our good reputation within the 28th JDB and our community, which in turn makes us better advocates for our clients. Moreover, these values help us to give lawyers a good name. My goal is that one day – hopefully in my lifetime – people will believe that most lawyers are good, honest people who help clients navigate a complicated court system and major life events while maintaining a high level of professionalism.

Hart for Art

Mae Creadick

written by Attorney, Mae Creadick

This past year our own Bonnie Carlin has been organizing “Hart for Art” events: on-site art openings featuring local artists, located at our firm at 93 Church Street in downtown Asheville. On March 21st we hosted Robert Boyer, a young artist whose art is inspired in part by cultural messages of conformity and gender roles. On November 22 of last year, we hosted water-colorist Ben Freeman. We are proud to host artists at our firm, and we’ve had a huge turn-out for these openings. Visit our Facebook page for photos of these past events.

Promoting the arts is a valid service to our community. Through the arts we are able to express our values and inspire others through the beauty or meaning a work of art has to offer. The arts help to support our economy. You can’t walk a block downtown without running into an art or craft gallery, live music, a theater or street performance. According to the U.S. Bureau of Economic Analysis, “arts and culture represent 3.25% of the nation’s GDP – a larger share of the economy than tourism and agriculture.” Store owners that surround these art venues also benefit from the increased traffic.

from the Robert Boyer Reception

Art is good for business. Art drives the tourist bus in Asheville. Where would Asheville’s economy be without the Bele Chere craft shows of the past? Or the beautiful gardens and architecture of the Biltmore House? Due to art and culture, tourists come from around the world to visit Asheville in search of these authentic experiences. A 2014 analysis of Dun & Bradstreet data counts “750,453 businesses in the U.S. involved in the creation or distribution of the arts that employ 3.1 million people—representing 4.2 percent of all businesses and 2.2 percent of all employees, respectively.”

Art is good for our health as well. According to national statistics, “1/2 of the healthcare institutions in the U.S. provide arts programs for patients, families, and even staff. 78% deliver these programs because of their healing benefits to patients—shorter hospital stays, better pain management, and less medication.”

Art also enhances education. My husband and I are lucky to have our child enrolled in ArtSpace Charter School. I truly believe that children are able to enhance their academic performance through the arts integrated education including music, drama, dance and fine arts. According to America for the Arts, “students with an education rich in the arts have higher GPAs and standardized test scores, and lower drop-out rates—benefits reaped by students regardless of socio-economic status.”

Through “Hart for Art” we support local artists like Robert Boyer and Ben Freeman with the hope to improve not only his individual income, but an overall appreciation for the arts. Please join us for our next Hart for Art event on Friday, August 22, 2014 at 5:00pm at 93 Church Street.

LGBT in the South CLE/Conference

Wow, what a conference! Last week the Hart Law Group was thrilled to co-sponsor along with the Campaign for Southern Equality and the National Center for Lesbian Rights the first annual LGBT in the South conference and CLE. Thank you also to the organization and business co-sponsors who helped make this event such a success: Marriage Equality USA, Equality Federation, New Organizing Institute, Human Rights Campaign, Lambda Legal, Gender Benders, SC Equality, Freedom to Marry, Western NC Citizens Ending Institutional Bigotry, Asheville First Congregational United Church of Christ, the National LGBT Bar Association, City Bakery, French Broad Chocolate Lounge, Edna’s of Asheville, Kyle Murphy Photography, Dynamite Coffee Roasting Co., Oskar Blues Brewery, Aloft Hotel, Hotel Indigo, Four Points by Sheraton and The Venue.

Please read below for an excellent summary of the conference from QNotes.

In It Together: Conference focuses on intersectionality in the South

200 attend Asheville conference by Campaign for Southern Equality

More than 200 people attended the conference over Friday and Saturday. Here, a packed house listens as the conference begins on Saturday morning.
Photo Credit: Campaign for Southern Equality.

ASHEVILLE, N.C. — Activists and organizers from eight states across the South gathered in this North Carolina Blue Ridge city Friday and Saturday for the Campaign for Southern Equality’s first conference, “LGBT in the South: Advocacy Within and Beyond the Law.”

Intersectionality was a recurrent theme at the event, filled with information for legal professionals, activists, faith leaders and lay people striving for LGBT rights. The conference was sponsored primarily by Asheville’s Hart Law Group and the Campaign for Southern Equality (CSE).

Friday’s sessions were focused on panels and workshops for legal professionals. As Hart attorney Mae Craedick introduced an early morning line-up of such heavy hitters as Buncombe County Register of Deeds Drew Reisinger, CSE Executive Director the Rev. Jasmine Beach-Ferrara and Shannon Price Minter, keynote speaker and legal director for the National Center for Lesbian Rights, it was clear that this conference was the place to be for anyone serious about procuring and defending LGBT rights in the South.

A first glance at the program led one to believe that the focus (particularly on Saturday) would be on marriage equality with participation not only by the staff at CSE but by such notable speakers as Michael Crawford and Jake Loesch of Freedom to Marry and Marriage Equality USA’s Brian Silva. Indeed, there was a tremendous focus on marriage equality but as highly-respected activist Mandy Carter, co-foudner of Southerners on New Ground and national coordinator of the Bayard Rustin 2012-2013 Commemoration Project, reiterated, “It’s about marriage equality and….”

Read the full article here. 

A New Take on Child Custody Battles

By Attorney, Mae Creadick

Mae Creadick

“Child custody” and “battles” are two words that we wish would never be uttered in the same sentence.  Unfortunately in cases of domestic violence, many parents need an advocate to protect their child from experiencing or witnessing abuse.  From our perspective as parents and attorneys practicing family law, the best option for separating parents is to reach consensus on sharing custody through mediation or collaborative divorce.  At the Hart Law Group, for the benefit of all parties and their children, I strongly encourage clients to choose “collaborative divorce” as the legal option for resolving the end of their marriage or domestic partnership.  In addition, at the Hart Law Group we provide assistance to individuals who are going through dissolution of their relationship where they were never married.

In collaborative divorce, separating parties (with or without children) each have an attorney that will help them navigate the financial, emotional and legal matters involved in divorce.  Both parties sign an agreement to not litigate, thereby agreeing up front to save time, money and the stress of a lawsuit.  You and the other party and your attorneys can contract voluntarily disclose all financial information, to proceed respectfully as you negotiate.  The parties then work with their attorneys, and sometimes an accountant and therapist, to reach a settlement.  The end result is a legally enforceable contract that represents the consensus of both parties.  This contract can resolve all legal issues including child custody, child support, alimony and post-separation support (where applicable) and division of marital property.  These agreements can also apply to unmarried domestic partners who are separating.

Litigating child custody matters should be an absolute last resort.  We believe the non-adversarial process of collaborative divorce, as opposed to litigation, will benefit families in the long run.  Parents who reached an agreement to resolve custody matters are better able to co-parent their child, which can prevent serious trauma for children experiencing the conflict of their parent’s divorce.  Of course, we cannot force the opposing side or his or her counsel to negotiate, and sometimes litigation becomes necessary.  In these cases, we have experience in advising hundreds of clients heading to court, and in cases that do not settle (most do), litigating custody cases with a very high success rate. 

At The Hart Law Group, we handle a broad range of other family law cases including the following matters:

• Separation and Custody Agreements 
• Domestic Partnership Agreements 
• Gay and Lesbian and unmarried partner disputes following dissolution of relationship 
• Divorce, including Collaborative Divorce 
• Equitable Distribution 
• Alimony, Post Separation Support 
• Paternity 
• Custody and Child Support matters 
• Marital agreements 
• Adoptions

We pride ourselves in being caring and informal with our family law clients during a time that we know can be extremely stressful and upsetting. Like you, there is nothing more important to us than our children.  We know that securing you a custody agreement through consensus (rather than a judge’s order) will benefit the entire family in the long run.  We are committed to helping our clients move through divorce smoothly so that they can move on to the next chapter in their lives.  

If you would like a consultation with The Hart Law Group regarding custody or any other family law matter, call for our next available appointment at 271-4278.  

Make Drafting Your Will Your New Year’s Resolution

Mae Creadick

By Attorney, M. Mae Creadick

Many people believe that a Will is a simple document that can be drafted using a form they found online.  Most people assume that their last wishes will be honored after their death.  This is not always the case.  With my client’s permission, here is a cautionary tale:

James (names changed to protect identities) was a well-loved, strong-willed man who liked to do things himself.  A talented and successful businessman, James’ independence and self-reliance had always served him well.  Sadly, James had been diagnosed with pancreatic cancer.  During the long and painful months that followed his diagnosis, James discussed with Christopher, his partner of 17 years that he needed to get his affairs in order.  James wanted to leave his home that he and Christopher lived in together for 17 years to Christopher.  Christopher encouraged James to hire an attorney to draft his Will.  But in his final weeks, James decided to make his Will using a pre-printed form he found on the internet.  James filled in the blanks on the form, printed and signed the Will in the presence of two witnesses and a notary public.  A few weeks after making his Will, James passed away leaving his partner and brother Zack as the only surviving family members.  Although James and Christopher held themselves out to their friends and community as “married,” due to discriminatory laws that prohibit same-sex marriage in North Carolina, James and Christopher were never lawfully married.  Therefore under North Carolina inheritance law, Christopher would not inherit from James without a valid Will.  As most spouses have done, in his Will James left the majority of his estate and his home to his life partner, Christopher. 

Christopher submitted James’ Will to probate, the court process necessary to certify a Will as legally valid and distribute the estate property.  A few weeks later, James’ brother Zack, his only living blood relative, filed a “Caveat” lawsuit to challenge the validity of the Will.  The case was transferred to Superior Court and set for trial before a jury.  In the Caveat pleadings, Zack argued that James lacked necessary mental capacity to make his Will at the time he signed the Will.  Since an attorney had not prepared James’ Will, there was no expert evidence of James’ capacity on the day he signed his Will.  During the most painful time in his life having just lost his soul mate, Christopher was now faced with defending James’ Will in a jury trial, plus tens of thousands of dollars in attorney fees.

With the help of the Hart Law Group, Christopher was able to settle the Caveat case out-of-court.  But the case was only resolved after Christopher had invested considerable time and money.  The worst part of the Caveat experience for Christopher was the emotional distress – the last thing James would have wanted.  After the case settled, Christopher offered to share his story in the hopes that he might help prevent this anguish for another family.

One of the most striking aspects of this whole case is the fact that Zack is also gay.  Given their good family history together, Christopher was completely caught off guard when Zack filed the Caveat.  This case is a good example of why you cannot trust family members who you believe should understand the dynamic of your situation.  Caveats against domestic partners are much more common than they should be, and in Christopher’s case, Zack’s actions came as terrible shock.

So, what can you do to avoid a Will Caveat?  First and foremost:  hire an attorney experienced with North Carolina law and wills, estate planning, advance directives and probate cases.  Online forms do not always comply with state law, and do not take into account the circumstances under which the document is drafted.  The Hart Law Group has a combined 90 years of legal experience in these matters.  We take necessary steps to identify any problems that might give rise to a Will Caveat, and help prevent problems before they arise.  For instance, we can video tape the signing of a Will and have a client examined by a physician in order to help prevent a Will challenge due to mental capacity issues.  We also interview our clients alone and outside the presence (and possible influence) of family members to help prevent a challenge of a Will for undue influence.  In addition, our Real Estate team can assist clients in drafting deeds to provide joint ownership of property and avoid the Probate process completely.  Only experienced lawyers, such as those at the Hart Law Group, should draft legally binding documents for end-of-life planning. 

While preparing your Will, the Hart Law Group attorneys can also assist you with other essential estate planning documents such as a Trust, Power of Attorney, Health Care Power of Attorney and Living Will.  Our Estate Planning team handles both simple and complex estate planning cases. 

Formalizing your wishes in these documents is especially important for LGBT families, unmarried partners and beneficiaries that would not normally inherit under North Carolina law.  The Hart Law Group is regularly involved in educating the public regarding these important estate planning matters.  For example, along with the Campaign for Southern Equality, we are hosting a regional conference on February 28, 2014 titled “LGBT in the South: Advocacy Within and Beyond the Law” where Mary Hart will present a session on Estate Planning Post-DOMA.  Visit www.lgbtinthesouth.com for more information on this conference and to register by February 7, 2014. 

Don’t wait until it’s too late to make these important end-of-life decisions.  For a reasonable fee, our experienced attorneys will provide a full range of services to you.  In the New Year, hire an attorney to take care of these legal documents, then rest easy knowing your family will be taken care of because your wishes will be honored.