Whether or not your HOA was incorporated, it is difficult to fathom how the initial board of directors was appointed or elected or what guided them without bylaws.
Bylaws are in essence a corporate playbook. They specify matters such as the number of directors, their terms of office, their powers and duties, methods for removing directors, the voting rights of members, and how and when meetings of members and directors are called and held. At some point, someone (likely the developer) probably had a set of bylaws drawn up and appointed the initial board of directors, but those bylaws might have been misplaced.
Check with the attorney that represented the developer to see if he has a copy. If not, an attorney can draft a set to be adopted.
Authors: CharlotteObserver.com: Michael Hunter
“Ask The Experts” Articles have been Reprinted with permission from the Charlotte Observer
* These articles and related content on this website are provided without warranty of any kind and in no way consitute or provide legal advice. You are advised to contact an attorney specializing in Association Management for legal advice related to your specific issue and community. Some articles are provided by thrid parties and online services. Display of these articles does in no way endorse the products or services of Community Association Management by the author(s).