Question:
We are currently voting on our community to become a Planned community. Our neighborhood was established in 1977. We do have by laws and a covenant but no info on voting. The ballots have been mailed but it’s not secure and I was wondering if there are wuidines to follow.
– Jill
Answer:
Hi Jill,
All North Carolina associations must be incorporated, and many are incorporated as non-profits. Hence, it may be helpful to refer to the guidelines found within the North Carolina Nonprofit Corporation Act Section 55A-7-08(a)(1). It allows associations to send written ballots without a meeting. The ballots shall contain or request information enough to identify the member or their proxy. It also states that members can submit their ballots to the HOA by any reasonable means specified by the association, including email. That said, your community may consider using email or another reasonable submission method that you deem secure enough.
Moreover, Section 55A-7-08(c) states that approval by written or electronic ballots is only valid if the number of votes constitutes the quorum necessary to be present at a meeting that authorizes said action. The number of approvals, likewise, is equivalent to the number of votes necessary to approve the matter at a meeting at which the same total number of votes were cast.
Section 55A-7-08(d) also mentions that all ballots should indicate the time by which a written ballot shall be received by the association. Subsection e also says ballots submitted shall not be revoked. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
