Category Archives: Ask the Experts

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Attention: It’s HOA ‘meeting season’

The community association industry is in the midst of what is commonly known as “meeting season.”

Traditionally, annual meetings for HOAs are held near the end or at the beginning of the calendar year. Every year questions arise on annual meeting procedures. Many questions revolve around the issues of proxy forms and ballots – often confused.Proxy form: This is used by an owner who cannot attend the meeting in person, but still wants to cast a vote. It is a document signed by a property owner by which he or she gives another person (who will be at the meeting) the authority to cast the owner’s votes on whatever issues arise. Most HOAs send proxy forms out to owners along with the Notice of Meeting.

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Attention: It’s HOA ‘meeting season’

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The community association industry is in the midst of what is commonly known as “meeting season.”

Traditionally, annual meetings for HOAs are held near the end or at the beginning of the calendar year. Every year questions arise on annual meeting procedures. Many questions revolve around the issues of proxy forms and ballots – often confused.

Read more

Boards have broad discretion on surplus

Q. Our community adopted the N.C. Planned Community Act several years ago. Our current HOA president and board are of the opinion that they have the authority to spend, without membership approval, any assessment income left over after paying the HOA’s operating and other expenses.

The issue surfaced when the HOA found itself with about $600,000 in excess funds. The board took it upon itself to spend that money on traffic-calming road features and a multitude of playgrounds throughout the community, without getting approval from the membership. Can they do that?First, allow me to congratulate you on being a member of an HOA that actually has a budget surplus. Many HOAs are suffering with budget shortfalls in these tough times. I wish more of my clients had problems like yours.

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Bylaws usually not recorded

Q. I just moved into a Union County community that had its homeowners’ association (HOA) formed in 1988. It was recently discovered that while the Articles of Incorporation and all the required updates of the covenants and restrictions are in order, apparently the bylaws of the HOA are not recorded in the county records.

Does this omission limit what the HOA can do in enforcement of the covenants and restrictions or dealing with any of the normal HOA management tasks? If so, what recourse is there for the HOA?First, let’s distinguish between the various governing documents for an HOA.

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