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Can homeowners start a legal petition to have board members removed in North Carolina

Started by JoyceB5 โ€ข 1 replies โ€ข 2372 views

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JoyceB5 (North Carolina)
Posts: 5
Posted:
Can homeowners start a petition to have board members removed by getting majority vote in North Carolina? If so, could this be a handwritten petition? Once we get majority vote, how would we have them removed? If anyone can help I need a guideline to follow by. Thanks
TimB4 (Tennessee)
Posts: 21,059
Posted:
Joyce,

The process to remove a director is usually in your Associations governing documents.

Typically the process is as follows (but check your documents to be sure):

1. Committee created (could be a committee of one or just a few neighbors who got together to do the work)

2. Request copy of membership list from Association

3. Solicit signatures from members (one per lot) to hold a special meeting for the purpose of recalling the board or select individuals from the board and holding elections to replace individuals if recall was successful.

4. Once more than enough signatures are gathered - submit the petition to the Board along with a cover letter requesting that in accordance with governing documents that a special meeting be called for this specific purpose.

5. Board verifies signatures and arranges a meeting place and sends out notice of meeting OR if the Board does not send out notice of meeting in a reasonable time (2-4 weeks) the committee should arrange for a meeting place and send out notice of meeting (this is why you did step 2).

6. After notice of meeting is sent - the Committee should:

a) make a flyer specifying the reasons for the recall (facts only - don't embellish) and send to all members.
b) Solicit proxies (best if you go door to door) from members - providing your Association is allowed to vote by proxy.

7. 2 weeks prior to meeting, request from the Association a copy of members entitled to vote.

8. At the meeting (no matter who is running it):

A sign in sheet should be used and proxies verified
Verify a quorum is present
Discuss the issue
Distribute ballots, open the polls.
Close the polls and count the ballots
Announce the results
If recall was successful - hold election for new board members
Announce the results
Send a certified letter of the results to each member of the board.

Mind you this is a very, very brief list of what should be done. Your governing documents and or State law may require additional requirements.
Note: If your Association is still under declarant control - they usually have the voting power and the effort might be futile.

Here is a link to Community Associations Network North Carolina page. Scroll down to the bottom and you will see links to the NC HOA laws.

Additionally, if your Association is incorporated, NC corporate laws would apply. Typically Associations are incorporated as a non-profit. Therefore, here is a link to the NC non profit corporation act.

Check your governing documents to verify it applies. Section ยง 55Aโ€‘7โ€‘02 of that act covers the members right to call special meetings and ยง 55Aโ€‘7โ€‘05 covers the notice of the meeting. ยง 55Aโ€‘7โ€‘20 - ยง 55Aโ€‘7โ€‘29 covers voting and elections.

Hope this helps.

Again, you need to check your Associations governing documents (Articles of Incorporation, Declaration of Covenants Conditions and Restrictions and your Bylaws.

Tim

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