HOA issues

Do you know of ONE board member who will talk with you about the procedure for your concerns?

Are you having Annual Meetings of the members? If not, Why not?

The major problem here is the other h/o's don't get involved. I did request a meeting with the board twice recently about my leaks but no response to my request. I just learned this morning that one of the board members accused me in an email to our property manger of making a threat because I had asked for a response in writing about my leaks by tomorrow. I contacted the management company this morning as was told that the assessment $975 assessment that we just paid to paint the condos will not be used for that as it is going to take care of other issues, is this legal?

Are they not holding annual meetings or do they have insufficient quorum to hold one? I would suggest in addition to your CC&R’s which should answer your question of what they can impose or use a SA for if not you may need to consult an attorney. You need to read both the NC non-profit corporation statutes and the NC condominium statutes in addition to your CC&R's.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_55A.html

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_47C.html

47C‑4‑103. Public offering statement; general provisions.

(5) Any current balance sheet and a projected budget for the association, either within or as an exhibit to the public offering statement, for one year after the date of the first conveyance to a purchaser, and thereafter the current budget of the association, a statement of who prepared the budget, and a statement of the budget's assumptions concerning occupancy and inflation factors. The budget must include, without limitation:

a. A statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacement;

b. A statement of any other reserves;

c. The projected common expense assessment by category of expenditures for the association; and

d. The projected monthly common expense assessment for each type of unit;

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55A‑7‑03. Court‑ordered meeting.

(a) The superior court of the county where a corporation's principal office, or, if there is none in this State, its registered office, is located may, after notice is given to the corporation and upon such further notice and opportunity to be heard, if any, as the court may deem appropriate under the circumstances, summarily order a meeting to be held:

(1) On application of any member if an annual meeting was not held within 15 months after the corporation's last annual meeting; or

(2) On application of a member who signed a demand for a special meeting valid under G.S. 55A‑7‑02, if the corporation has not held the meeting as required by that section.

(b) The court may fix the time and place of the meeting, specify a record date for determining those persons entitled to notice of and to vote at the meeting, prescribe the form and content of the meeting notice, fix the quorum required for specific matters to be considered at the meeting (or direct that the votes represented at the meeting constitute a quorum for action on those matters), and enter other orders necessary to accomplish the purpose or purposes of the meeting.

(c) If the court orders a meeting, it may also order the corporation to pay all or part of the member's costs (including reasonable attorneys' fees) incurred to obtain the order. (1993, c. 398, s. 1.)

There were no meetings held or called between fall 2006 until July 2009. Between '06 & '09 I pointed out to the board and the management company numerous times that they are required to hold at a minimum an Annual Meeting, but this did not happen. When we met July '09 I again pointed out that the board has been self appointing and the board positions have terms all of which had expired and Annual Meetings were not being held as required, but the property manager shut me down and said it was his meeting and would not hear my concerns. I have gone round and round with this board & property manager about issues, but they for some reason chose to bury their heads in the sand. The place is in ill repair & I keep being told the association has no money...we have 24 units and pay $150 per month and have NO AMENITIES...the grass is cut, we have water, sewer & garbage pickup & pay the PM. $3600 a month and no money? We just paid the $975/per unit &23,400)SA for painting that is now not going to happen. Every place I've gone to try and get help has turned out to be of no assistance. I thank each of you for the help you've been providing and please continue to give me your helpful answers. I will review the bylaws and can hopefully move forward to make a differnce here.