Question:
Can the membership call a special meeting to restrict homeowners that do not actively live in the HOA from holding positions on the BOD? Annual meetings and voting attendance would still be allowed.
– Patsy
Answer:
Hi Patsy,
According to the North Carolina Planned Community Act Section 47F-3-108(a), “Special meetings of the association may be called by the president, a majority of the executive board, or by lot owners having ten percent (10%), or any lower percentage specified in the bylaws, of the votes in the association.”
As for restricting certain homeowners from serving on the board, you will have to check your governing documents to understand board qualifications. You can choose to amend the bylaws, though, to change the board qualifications. To amend your bylaws, check and follow the procedure outlined in your governing documents.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
