Tag Archives: matters

Association answers

Michael HunterQ: Our HOA has no Articles of Incorporation on file with the state, and no bylaws. It only has a Declaration of Covenants that has nothing in it about electing board members. Does that mean that, under the Planned Community Act, the current board is operating illegally since there is nothing in the Declaration saying how they are to be elected? Would that also mean that any decision they made is invalid? I have minutes from 2008 to March 2011, but nothing about the current four board members’ election.

While the majority of HOAs are established as nonprofit corporations with the filing of Articles of Incorporation with the Secretary of State, it is permissible for an HOA to operate as an unincorporated nonprofit association under Chapter 59B of the N.C. General Statutes.

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The President’s Job Description

Serving in the role of HOA president is not an easy job. It is one that demands leadership and exemplary skills in presiding over meetings. Many HOA’s are registered as non-profit corporations and in turn, the president can be thought of as the CEO of the corporation, (serving of course in a voluntary capacity without pay). Perhaps more importantly, he or she is elected by the membership to serve the community and elected by the board to lead the board through challenging situations and decisions.

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Associations Can Collect Delinquent Assessments Accruing After a Homeowner Files Bankruptcy

After a debtor files a bankruptcy case, the court enters a discharge order, which forever discharges and makes unenforceable many debts owed by the debtor.  However, the bankruptcy code exempts certain debts from this discharge. Among these are debts “for a fee or assessment that becomes due and payable after the order for relief to a…

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