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?
By Mike Hunter
Attorney Michael Hunter specializes in community and condominium association law for the firm of Horack Talley
Question: Our covenants, conditions and restrictions say that the annual meeting is to be held the first Saturday in October. However our meetings have never been held on that day, due to the fact the board members have never been available that date – even with changing members through the years. Our management company advised that as long as the meeting is held reasonably around that date, and notice is sent properly according to the rules, then the actual date of the meeting doesn’t have to be on the first Saturday of October.
A few homeowners have balked at the Saturday meeting date: They’d rather not waste a Saturday with a HOA meeting. Is the board required to have the meeting on the first Saturday of October, as bylaws require?
To homeowner association property managers, spring is known as “meeting season,” since so many HOAs have their annual meetings this time of year.
Annual meetings provide a forum for the election of directors, a review of the HOA’s business for the past year, and a forecast for the coming year. This column will explain some of the topics and jargon that arise in connection with membership meetings.
Members of your community association board have a big responsibility, and they have the legal authority to carry out their roles. Where do they get this authority?
First, most states have statutes—such as a condominium act (NCGS 47C) or homeowner association act (NCGS 47F)—that legally empower elected volunteer community association boards to act on...