NC Special Meeting member requirements

Started by WaltH1 • 8 replies • 386 views

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WaltH1 (North Carolina)
Posts: 104

Posted:

My Condo HOA was incorporated in 1972.

One of our State Statutes, 47C, requires 20% of the homeowners to call for a Special meeting.

Another State Statute, 55A, require 10% of the homeowners to call for a Special meeting.

A prestigious NC law firm says the both appy.

I'm confused? How can that happen? Does anyone have a definitive answer? court case? or anything saying which is which?

Thanks!

AugustinD
Posts: 3,698

Posted:

The rules of statutory construction say that, when a provision from one statute conflicts with a provision of another statute, the more specific statute trumps the more general one. Hence here, and assuming the Bylaws do not specify a lower percentage than 20%, 47C (the condo statute yada) trumps 55A (the nonprofit corporation statute yada).

The law firm site you keep advertising here reflects 47C trumping 55A for condos at: https://lawfirmcarolinas.com/uploads/HOA-Condo%20Meeting%20Procedures%20Chart.pdf

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Aug

Great chart if for no other reason then to show things change and who they apply to.

WaltH1 (North Carolina)
Posts: 104

Posted:

You're a Prince! Augustin! Are you an attorney or student of law? I have been going by the 20% rule, as indicated by Law Firm Carolinas and 47. So, 20% it is, and thank you so much for your help. Walt

MaxB4
Posts: 3,513

Posted:

This might be worth reading

https://cedarmanagementgroup.com/north-carolina-hoa-laws/

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By WaltH1 on 06/21/2021 8:53 AM
You're a Prince! Augustin! Are you an attorney or student of law? I have been going by the 20% rule, as indicated by Law Firm Carolinas and 47. So, 20% it is, and thank you so much for your help. Walt

WaltH1, I am not an attorney. I have just been around the block with HOAs/COAs for around 15 years now and have observed a few lawsuits. I know my way around the statutes and a fair amount of HOA/COA case law. You are welcome. I am sorry your Board is not complying with the law or perhaps its governing documents. It's very hard to fight these HOA/COA boards, since they will spend members' money pretty liberally to boost their ego and have an attorney represent their position. Granted there are some HOA/COA attorneys who serve the corporation and will set Boards straight when the Board is doing something not allowed under the governing docs or state and federal FHA statutes.

WaltH1 (North Carolina)
Posts: 104

Posted:

Well said, AugustinD. I'm not anti-HOA's either. I've been involved with 4 over the years. 2 good and 2 bad.

As a licensed Real Estate agent, I believe in HOA's, generally, and think the good ones do a good job maintaining home values.

There are plenty of people that don't like HOA's. When showing property, I liked to drive by a house not in an HOA, painted school colors, Purple and Gold, and say this is why a good HOA is good for you.

WaltH1 (North Carolina)
Posts: 104

Posted:

Thanks MaxB4. Pulled it up. Reading now.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By WaltH1 on 06/21/2021 11:01 AM
Well said, AugustinD. I'm not anti-HOA's either. I've been involved with 4 over the years. 2 good and 2 bad.

As a licensed Real Estate agent, I believe in HOA's, generally, and think the good ones do a good job maintaining home values.

There are plenty of people that don't like HOA's. When showing property, I liked to drive by a house not in an HOA, painted school colors, Purple and Gold, and say this is why a good HOA is good for you.

WaltH1, in some parts of my state, I too have noticed quite a difference between HOA neighborhoods and non-HOA neighborhoods, of the same age.

If I ever land in another HOA, my hope would be that it had minimal common areas and common facilities to maintain (so way low monthly dues), and that the covenants are being enforced.

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