Attorneys

Brian S. Edlin Member

Mr. Edlin focuses his practice on business, real property and construction litigation matters, as well as, community association law. He regularly represents subcontractors and general contractors in lien lawsuits, payment bond claims, delay claims, construction defect claims and advises construction clients with respect to contracts, change orders and other legal documents in the construction process. He is AV Peer Review rated.

Mr. Edlin also advises developers, boards, property managers and members of community associations on the various legal aspects of community association law, including membership and board meetings, voting and quorum requirements, covenant interpretation and enforcement of various use restrictions. He is the author of the North Carolina Bar Association’s 2013 publication, Common Interest Communities in North Carolina – a legal treatise on planned communities, condominiums, time shares, dockominiums and other forms of common interest communities. He is an Adjunct Professor of Law at Campbell Law School in Raleigh and a Fellow in the American College of Real Estate Lawyers.

Mr. Edlin has an active appellate practice as well in both construction law and community association law.

Admissions

  • North Carolina
  • United States District Court, Eastern, Middle and Western Districts of North Carolina
  • Fourth Circuit Court of Appeals

Education

  • B.S. Western Carolina University
    Cullowhee, North Carolina
    (magna cum laude) 1997
    Oxford University St. Anne’s College
    Michaelmas Term Oxford, England
    1995
  • J.D. Villanova University
    Philadelphia, Pennsylvania
    2000

Reported Cases

  • Wise v. Harrington Grove, et al., 151 N.C. App. 344, 566 S.E.2d 499, (2002), rev’d on appeal, 357 N.C. 396, 584 S.E.2d. 731 (N.C. 2003)
  • Murphy Family Farms v. North Carolina Department of Environment and Natural Resources, 160 N.C. App. 338, 585 S.E.2d 446 (N.C. Ct. App. 2003), rev’d on appeal, 359 N.C. 180, 605 S.E.2d 636 (2004)
  • Armstrong v. Ledges Homeowners Ass’n, Inc.,360 N.C. 547, 633 S.E.2d 78 (N.C., 2006), Amicus Curiae
  • Reidy v. Whitehart Association, Inc., 185 N.C. App. 76, 648 S.E.2d 265 (2007), appeal dismissed, review denied, 361 N.C. 696, 652 S.E.2d 651 (2007), cert. denied,128 S.Ct. 1484 (2008) (successfully argued before the trial court and North Carolina Court of Appeals in case challenging the constitutionality of the Planned Community Act, N.C.G.S. §47F-1-101, et seq., as it applies to pre-1999 communities)
  • Schwartz v. Banbury Woods, 196 N.C. App. 584, 675 S.E.2d 382 (2009) (successfully argued for dismissal of case against homeowners association challenging enforcement of covenants which dismissal was subsequently affirmed by the Court of Appeals)
  • Katherine M. McCraw v. George W. Aux, 205 N.C. App. 717, 696 S.E.2d 739 (2010)
  • Cleveland Construction, Inc. v. Ellis-Don Construction, Inc., et. al., 210 N.C. App. 522, 709 S.E.2d 512 (2011) (affirming $1.6 million judgment in favor of subcontractor on public construction project)
  • Wallach v. Linville Owners Association, 760 S.E.2d 23 (N.C. App. 2014)

Professional/Community Activities/Publications

  • AV Peer Review rated
  • Commnity Association Institute Amicus Committee (2010 – 2012)
  • North Carolina Super Lawyers “Rising Star” (2011, 2012, 2013, 2014)
  • North Carolina Super Lawyers (2015)
  • Recipient, Western Carolina University Young Alumnus Award, 2003
  • Member, Board of Directors, Western Carolina University Alumni Association, 2003-2005
  • Member, Client Rights Committee for Supports Works, Inc. (2003-2010); Member, Board of Directors for Supports Works, Inc. (2010 – 2011)
  • Author and Presenter, Corporate Governance Issues for Common Interest Communities, Special Issues for Condominiums and Planned Community Associations in North Carolina, Lorman Education Services, 2006
  • Author and Presenter, North Carolina Community Association Institute Fall Conference and Annual Meeting, Charlotte, Cary and Wilmington, North Carolina, 2006, 2007 and 2013
  • Happy Anniversary! A Look Back at the First Ten Years of North Carolina’s Planned Community Act, December, 2008, Real Property Newsletter for North Carolina Bar Association
  • Author and Presenter, Contracts and Subcontracts on Public Projects and Recent Bankruptcy Cases Impacting Contractors’ Lien Rights, HalfMoon Seminars, LLC, Greensboro, North Carolina, 2010
  • 2010 North Carolina Legislative Roundup for the Construction Industry, October, 2010, Construction Law Newsletter for North Carolina Bar Association
  • Author and Presenter, Liability for Defects and Failures, HalfMoon Seminars, LLC, Chapel Hill, North Carolina, 2011
  • Author and Presenter,The Constitutional Conundrum; The Application of State and Federal Constitutions to Planned Communities and Condominiums, Community Association Law Seminar, January 26, 2013, Tucson, Arizona
  • Author, Common Interest Communities in North Carolina, (NC Bar Association 2013)
    Beyond Chapters 47C, 47F and 55A, North Carolina Bar Association CLE, Cary, North Carolina, December 2013
  • Author and Presenter, Common Interest Communities, NCBA Real Property Section Annual Meeting, Kiawah Island, SC, May 17, 2014
Share this:

News and Announcements

Contact Us