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BenB6 (North Carolina)
Posts: 1
Posted:

Are "Sunshine Laws" as outlined in NC Guide to Open Government and Public Records [http://www.ncdoj.gov/getdoc/ef04d580-eee7-4cfe-b2ec-06c26a6f95b9/AG-open-government-booklet-4-8-08.aspx] applicable/intended for HOA's?
Part III gets into some specific areas of concern/interest.

hope the link works
Thanks
AugustinD
Posts: 5,144
Posted:
No. Though your question is a popular one nationwide.

North Caroline is like my state: The law you cite pertains to public bodies. From http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_143/Article_33C.html :
~~~
As used in this Article, "public body" means any elected or appointed authority, board, commission, committee, council, or other body of the State, or of one or more counties, cities, school administrative units, constituent institutions of The University of North Carolina, or other political subdivisions or public corporations in the State that (i) is composed of two or more members and (ii) exercises or is authorized to exercise a legislative, policy-making, quasi-judicial, administrative, or advisory function. In addition, "public body" means the governing board of a "public hospital" as defined in G.S. 159-39 and the governing board of any nonprofit corporation to which a hospital facility has been sold or conveyed pursuant to G.S. 131E-8, any subsidiary of such nonprofit corporation, and any nonprofit corporation owning the corporation to which the hospital facility has been sold or conveyed.

~~~

For records viewing and open meetings, see your HOA's governing documents and state law on HOAs and nonprofit corporations. Nationwide, these tend to be generous about record viewing. Case law reinforces this generosity. This is in the name of members being able to monitor their HOA's operations and detect abuses.
KerryL1 (California)
Posts: 14,550
Posted:
I'm with Augustine--see his last paragraph for the info you want. Even if your own HOA documents--and this might be in your Bylaws, but maybe in some other doc--are silent on this topic, your state laws may say something. Some states give Owners far more rights for records inspection than others.

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