Question:
My HOA board is only 2 people for more than 10 years.
As far as my records go there has not been an HOA meeting since
January 2016.
Members of my community are arranging an owners meeting to address issues we have. If we are able to get a majority, can we vote out the current board?
Thank you in advance
– Linda
Answer:
Hi Linda,
As per the North Carolina Planned Community Act § 47F-3-103(b), “Notwithstanding any provision of the declaration or bylaws to the contrary, the lot owners, by a majority vote of all persons present and entitled to vote at any meeting of the lot owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant.” A similar provision exists in the North Carolina Condominium Act.
Additionally, your association’s bylaws may include more detailed procedures for removing a board member. Your bylaws should also detail election procedures and requirements for a new HOA board.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
