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JeffS33 (North Carolina)
Posts: 9
Posted:
Hi all,

I've been participating on these forums for years, reading and commenting where I thought I could help. I lost my old email and username though, as I have moved a good amount all of the word, and had a HD failure that could not be recovered and I can't recall what email I was using. In any event, I want to first thank you all for our help and support of HOA members and BOD's all over. Huge and great place.

Ok, so I am not as familiar with HOA law in NC as I am in other states, but I've read through the two governing state statutes at this point, and know the details, as well as our CCR's.

My question is this - I see all kinds of references to Special Meetings, specifically how they work, the voting rules, the quorum rules, all the standard stuff. What I do not see in NC though, well in 55A I do but that's part of the question, is WHEN must a Special Meeting of the Members, which has been requested with valid signatures from lot owners, be held by? Working under the 55A statute, I believe it's within 30 days. If we jump to the 47F statute though, it only speaks to the "WHEN" NOTICE must go out. Thus, I'm trying to identify the timeline of events for WHEN the actual voting members meeting must take place by?

I can and will provide more context, if you all would like to read it, but I thought before I bore everyone to death, I'd just ask the question. Thanks ahead of time for the help!!! Obviously our CC&R's do not online this either
AugustinD
Posts: 5,144
Posted:
My take: A North Carolina incorporated non-condo HOA created after Jan 1, 1999 is supposed to comply with both 47F and the Nonprofit Corp statute 55A. If there is a conflict, then the statute more specific to the situation applies. In this case, there is no conflict. The HOA is supposed to comply with 55A's requirement to hold the Special Meeting within 30 days of delivery of the members' petition to the corporation secretary. As an example:

On Aug 1, suppose members deliver a properly completed petition for a Special Meeting to the corporation/HOA secretary.

Per 47F's minimum ten day notice requirement, and assuming the board and management take action immediately to put out "notice" on August 1, the earliest the meeting can be held is Aug 11.

Per 55A, the latest the meeting can be held is Aug 31.
JeffS33 (North Carolina)
Posts: 9
Posted:
Thank you! That’s is exactly what I thought. We petitioned our BOD, through counsel, with the correct number of signatures, to hold a special meeting. The HOA attorney, who I believe is weak at best, is advising them that they have 60 days to announce, then another 60 days to hold the meeting. We meet with our counsel tomorrow to discuss strategy, but it seemed very clear to me that since 47F doesn’t reference a timeline, and 55A does, that the statute of application here is 55A. Thank you very much for confirming what I was thinking. I’m sure our attorney will say the same, but since I don’t yet know all the in’s and out’s of NC, I wanted to get yet another opinion from one of you all. I found Texas statute to be much cleaner in items, but then again, maybe I’m only remembering those that applied to my/our situation down there.

Thanks again! Have a good night Augustin!!
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By JeffS33 on 12/01/2020 8:48 PM
Thank you! That’s is exactly what I thought. We petitioned our BOD, through counsel, with the correct number of signatures, to hold a special meeting. The HOA attorney, who I believe is weak at best, is advising them that they have 60 days to announce, then another 60 days to hold the meeting.
He's either dumb or purposely forcing you all to pay an attorney and go to court. Then when the HOA is served the lawsuit papers, the board will suddenly reverse course and schedule the meeting sooner rather than later. I think it's mischief the Board can probably get away with at least once.

I would write the board a letter and say exactly what I wrote in my first post. Give them 10 days to respond. Report back here as needed subsequently.

Or hopefully your attorney will have an even better plan of action.

I am glad you are working with an attorney.

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