Does our HOA board and property management company have the right to ignore our by-laws?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does our HOA board and property management company have the right to ignore our by-laws?

Our property management companyhas taken over our HOA. It got so bad that thepresident, VP, and secretary resigned. An election was held and seats were then shuffled. President seat expires now but they say its not the seat it’s the person. Our by-laws state, that the membership list has to be available at least 10 days prior to election but it changes because they say anyone that pays up to the meeting can vote.

Asked on September 23, 2011 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The way to answer your question is first carefully read the presumed "recorded covenants, conditions & restrictions" pertaining to all properties in your association (planned unit development) in that this document will set forth the road map concerning the obligations of the association's board of directors to the homeowner's with respect to the bylaws of the association.

You also need to carefully read the association's bylaws which were created most likely from the powers set forth with the recorded "covenants, conditions & restriction." The bylaws will set forth what the individual homeowner can do regarding forcing the the board of directors to enforce the bylaws.

As to the property management company, it takes its directions from the person delegated to oversee it from the association and is not obligated to follow the bylaws since it is not a member of the association or appointed as a director.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption