Q. Our HOA’s bylaws state that the only way a board director may be removed from the HOA board is by a majority vote of our HOA members. Recently, three of our five board members voted into effect and implemented a “Code of Ethics” for our board members to abide by. The final section of this code states that any board member who violates these ethics provisions “will be subject to potential ramifications and/or expulsion from the board of directors.” This expulsion power seems to be in violation of our bylaw that gives this authority only to our HOA members. Can this expulsion be enforced?Most HOA bylaws require a vote of the homeowners to remove a director from office. In fact, the requirement is usually a two-thirds or three-fourths “supermajority” vote of the owners.
Best bet is to use attorney for filings
Q. Is it possible for an HOA to file a foreclosure on a residence without an attorney?
As to whether a non-lawyer can file foreclosures, I checked with David Johnson, an attorney with the N.C. State Bar.According to Johnson, the N.C. Court of Appeals has held that corporations may not appear before the courts unless represented by counsel, except for cases in small claims court or to avoid the entry of a default in a higher court. Because a foreclosure proceeding requires the preparation and drafting of court pleadings and a court appearance, an incorporated HOA may not lawfully conduct its own foreclosure without an attorney.
Homeowner wants to change the HOA board
Q. We have a homeowners association that refuses to give documents to homeowners, grants board members architectural changes after refusing others the same changes, and has suspect practices in their elections. They even wanted candidates for the board to sign a gag order so that, if they were elected, the candidate could not criticize the board. The company assisting them is a partner to their activities, so is of no help. Their concerns do not reflect the wishes of the people living here and they basically rig the elections with the proxy votes so no one new can get on the board. They claim everything they do is legal and the homeowner has no rights when it comes to their decisions.
My question: Where can I turn to get help to change the activities of this group? Another writer recently asked what to do when their board refused to let members attend meetings The following answer applies to that situation, too.
Can HOA’s Hire bill collectors for dues?
Q. Is it legal for homeowner associations in North Carolina to use collection agencies to collect delinquent dues?
There is nothing to prohibit your HOA from using a collection agency to collect delinquent dues. The better question is whether using a collection agency is the most effective and cost-efficient method.
Collection agencies typically charge a “contingent fee” for their services – their fee is a percentage of whatever sum they collect, usually 25-30 percent.The problem is that HOAs cannot always recover this fee from the delinquent homeowner. State statutes prohibit HOAs from charging a homeowner any collection or administrative fee that is not specifically authorized in their Declaration.