Question:
what rights do i have as a homeowner “living in a restricted community” when the president themselves doesn’t flow the rules of the restricted by-laws?!
Answer:
Hi,
Kindly speak with the person in question and raise your concern. You may also voice your concern with the rest of the board. Alternatively, you may also opt to remove the problem board member. If the association is incorporated as a non-profit, it is subject to the North Carolina Nonprofit Corporation Act Section 55A-8-08(a) which states that members may remove community-elected directors with or without cause unless stated otherwise in the governing documents. The members may remove the director through a voting process at a meeting outlined in Section 55A-8-08. Kindly consult your governing documents to see whether there are provisions going against this rule.
Meanwhile, if you live in a condominium formed before October 1, 1986, it is also subject to the North Carolina Unit Ownership Act Section 47A-10 which states that all unit owners shall comply with the governing documents. Failure to comply may be grounds to recover sums by aggrieved unit owners in a proper case.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
