request for list of board

NC
i have a issue with my hoa, i would like to meet with them to solve the issue, but from the letters that are sent out by them the only contact number they have is with the managment co that handles our accounts. i wrote the managment co requesting a directory of the board and for by laws that where never given to me. the managment co sent the the by laws but not the directory. i have ask serveral neighbors, but no seems to know who is on the board and there has not been a annual meeting in over 2yrs. what can i do?

If I interpret your email correctly your from North Carolina. If so cite NC General Statute 47F-3-103 (f) which applies to all planned communities. It requires a list of the Directors be made after elections for teh membership. As a member of the Board myself in our community, It's important for members to be able to reach someone on the Board.

Hello KishaD:

As someone who used to work for a management company, one of the things we commonly did was to relay messages on to the board members if requested by a homeowner. Rather than giving out board member contact info, we asked the board member to contact the homeowner directly. I would suggest that you ask your Management company to have your board president contact you directly; give them phone numbers (with best times to call) as well as email.

Also, check your documents and/or state law regarding the requirements for sending a notice to homeowners prior to a board meeting. Most states have "open meeting" laws that restrict the issues that can be discussed in "executive session" and all other board business would have to take place in an open meeting. Many boards have a time for "open forum" for owners to speak about issues of their concern; typically either at the beginning or the end of the meeting. The rest of the meeting is a time for the board to discuss and vote amongst themselves with the opportunity for the owners to observe; they may choose to "open the floor" to comments from owners on any issue they are discussing, but are not required to under Robert's Rules of Order.

Also, ask your Management Company for minutes of board and annual meetings for the past year or two, and when the last annual meeting was held. If no annual meeting was held, read your documents regarding what is involved in a homeowner calling an annual meeting.

J. Patrick Moore, CMCA
Compliance Coordinator
Forest Heights Homeowners Association
Portland, Oregon

Kisha:

I have never heard of such nonsense from a MC, that they only take requests in writing. I have been managing HOA’s since 1982. It sounds to me like the MC just doesn’t want to be bothered. The NC Planned Community Act was amended in North Carolina January 1, 2006. One of the amendments was that the Board of Director’s names and offices had to be published at least once a year. This could be done either in the Annual Notice of Meeting, or when invoices are sent out, or published on your website (if your HOA has one). Our company not only publishes the officers in the above means, we also include their names in a Welcome Letter that is sent to all new Owners.

I would send the MC in writing quoting that the amended NC Planned Community Act states they are to publicize this information. Now some of my communities, the board do not wish to give out their personal email addresses, phone numbers and such, and for those boards I would require the Owner to email our company placing his/her concerns and then I forward that email to the entire board for their review and their answer. I in return answer the homeowner with the board’s reply.

Gloria J. Martinez, CFO
Faith Management Services, LLC
NC Management Company
www.FaithManagementServices.com

I am not sure you stil need help but have you checked the Corporate Records? As an officer of my HOA I am listed when you perform a Corporate Record search.

Kisha:

The Registered Agent many times is either the Developer, when the MC takes charge I always change the Registered Agent to our company with the Secretary of State, therefore the boards info may be hard to find.

But once again, since you are in NC the MC must give you the names and offices that they hold, it is the law. The means in which you contact them could be through the MC or you investigating through neighbors who is your board and where do they live. Someone always knows. Good Luck!

Our manager also has to have everything in writing.

And, no addresses or phone numbers of the Board members are available to the community. I was informed by the manager it is because the management company is supposed to take care of all correspondance to the Board. What I have found is the Board never receives any correspondance the manager doesn't want them to receive.

OK, somebody answer this: If nobody knows the names of the board members, how did they get elected?

Aren't there membership meetings every year or more often? Don't the board members run or at least attwend the meetings?

the fees are paid to our hoa in c/o managent co. the mc sent me a email(3-28-07) with the names and address only of the board! which two of the board members don't live on property they have moved and have rented their homes out. so i asked them what am i suppose to do, go to their door with my concerns! they replied by saying you can address all your concerns at the annual meeting soon! but we have not had a meeting in two years! when i bougth my property (2002) it did state that we did have hoa. i was never contact by the board or mc until 2006 stating i owed dues. they put a lien on my home. i paid the lien off. but mc and board don't keep up their records, they claimed that they did not know that the previous owner had moved! ( the president at the time lived two doors away from me). i have type up a petition calling for a special meeting. the board is not following the by-laws! people are paying their dues, but the hoa is not taking care of our community!!

i plan on becoming involved. keep in mind the hoa has not been active, no meetings! i had asked several of my neighbors about who was on the board, majority was not sure of every one but they where able to tell me about the president and not having meetings i left my number with president's wife, he didn't call.(this was, after i request from mc the bod listing from hoa. the only reason why i caught up with the wife is because she was preping their home for a renter). so i did find his number and spoke to him and he told me to write my concerns to mc. so that's when i did write mc for by-laws. it took almost 2mos to receive them. i'm pretty sure keeping up is a difficult task, i don't dout that. i can understand several months, but 4yrs. and the president lived 2 doors down from me. my kids would go and play with their dogs.