Question:
Maybe you can help! We own 8 units in a 50-unit HOA in the mtns of western NC (Hayesville NC). Our HOA Board says we get 8 votes on issues brought up at our annual meeting (elections of officers, etc). BUT…and it’s a big “but” — they say that when and if the HOA wants to change either the By-Laws or the Covenants, we are only entitled to ONE vote (not eight). They say it’s because the governing docs state that each “owner” has one vote, and because I am the same “owner” of all 8 lots, that means I only get one vote when it comes to voting on changes to the ByLaws and/or Covenants. This simply doesn’t make sense to me. Why would I be able to qualify for 8 votes for things like electing officers, etc but NOT for voting on a change to governing docs? Seems to me that our HOA is trying to restrict any contrary input we might have on the real beefy issues such a changing ByLaws. Any seasoned, experienced and professional insight you cna give me would be greatly appreciated.
Many, many thanks! And come over to the mountains when you can!
– Linda
Answer:
Hi Linda,
If you live in a condominium created after October 1, 1986, the North Carolina Condominium Act Section 47C-2-107(a) may apply, which states that the governing documents must allocate a percentage of a portion of the votes to each unit and state the formulas for the allocation. Kindly refer to your governing documents for these provisions and formulas.
Otherwise, kindly review your governing documents to see how voting rights are allocated. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
