Q: I am considering running for a seat on my HOA board. We are a community of about 80 homes. I am concerned about my indemnity as a board member. I tried to find a clause in my bylaws, but I can’t seem to locate wording that speaks directly to that. Our HOA property manager directed me to Chapter 47F of the North Carolina General Statutes (the NC Planned Community Act), but I still don’t see any language that would prevent a lawsuit from being directed toward me personally for action I take as a director of the HOA. Can you shed some light on this?
Q: I live in a townhouse complex. Neither our bylaws nor our Covenants, Conditions and Restrictions mention anything about fines for violations. Now our board of directors has decided to adopt a set of “rules” which they plan to enforce by levying fines for violations. Is this legal?
It is not unusual for owners at an annual homeowners meeting to make motions about issues that aren’t listed on the agenda. For example, a motion to amend the bylaws. Or, at a special meeting called to amend the bylaws, an owner might make a motion to recall the board.
Q: I live in a townhome and condo community with a board of directors and a management company. We have bylaws and CCRs (covenants, conditions, and restrictions) as governing documents.