NC HOA laws

******** homes is turning over the HOA to a board that will be electd 8/20/07. Their management company, says that the booklet, NC Homeowner Association Laws, published January 1999 does not cover our HOA as the NC Condominium Act - Chapter 47C does not apply to us as we are not condominium (we're townhouses) in a group development.

Is he giving us a snow job? If not, what NC laws do apply?

Suggest you look at -

§ 47F‑3‑101. Organization of owners' association.

§ 47F‑1‑102. Applicability.

Thank you, and I checked and the HOA incorporated in 2003, so 47F would apply, and I downloaded it from the web and I'll now have to read it.

ZalmanP,
In your original post you stated. "Their management Company says. etc."
I suppose that refers to ssome company the Developer hired. I would appear to me that when the control (elected a Board) is done, then that management company may still be enployed by the Developer, but he sure don't manage for you all.

Make sure how the sign over documents read, especially about the MC. Unless your elected board agrees to those provisions in writing, you don't employ a MC. However, you may find it helpful to hire a management company. I certainly would give the Board time to sort this transfer out before making a committment to this particular management company.

To clarify: The MC put in by the developer advised us correctly that 47F does apply to our planned community. The steering committee, which put itself into power as the ad-hoc group when the first houses were sold, nominated 4 of their members as candidates for the board out of 9 nominees running for office, and 3 other candidates are plants that were asked to run. Only myself and one other nominee violently object to the choice of the new MC to represent our community chosen by the nominating committee, not for their abilities, but for the proposal that they put forth which was tacitly accepted 'as a done deal', without any negotiating.

The take-over from the developer is scheduled for Aug 20, 2007, and I've hand delivered 250 letters to each resident giving them my reasons for not accepting the contract as-is. I know I will be elected to the board but no one has even replied to me, and the nominating committee and the steering committee have turned a deaf ear to my concerns.

I'm afraid the chosen president (by the board) will sign the contract as is. I have no idea what these people have as a private agenda. The present MC soon to be ousted has been told by the steering committee to give the proposed new MC a copy of all the records of residents, which they did 30 days ago, even though there has been no voting yet for officers and then formal approval of the new MC.

Is there any way to prevent this from happening? The bylaws state that there must be 6 candidates, not an odd number, so you can see the problems that were created. Some people drink from the fountain of knowledge, and these people don't know how to gargle!

Z,
A real can of worms. You have maybe a week to do something. If you know you will be elected to board, you must have some supporters. Approach them to get up a war chest so you can take immediate action. Your very first step is to make sure they are doing something illegal.....anything!!!
For a fast fix you will need an attorney to agree with you he can stop the transfer. Problem with giving half assed advice (mine) is I don't know who is doing what to whom.

Do you have any idea what the consequences would be if you did nothing? Would time be on your side then to fix the problems you are concerned with.
Most problems are not as urgent as we suspect and I reference going to an Emergency Road and waiting four hours to hear the doctor tell you to go home, you are fine. Not suggesting this applies in your case.