Question:
Can an HOA legally refuse to share board members information with homeowners? Also what is the legal obligation of the HOA to provide the homeowners with access to/ a copy of the convenance, CC&R, and bylaws?
My HOA property manger told me it is not my right to know the names/ any contact information for who is on the board. I also have been a homeowner for almost a year now and have no access to the convenance or bylaws or anything governing the HOA.
Please help!
– Marisa
Answer:
Hi Marisa,
While North Carolina law does not explicitly require HOAs to disclose the names of board members, you may find out by checking the minutes of the annual meeting where the elections took place and the results were announced. There should be documentation regarding the elected officers, too.
Here are the records inspection statutes that apply to associations in North Carolina.
UNIT OWNERSHIP ACT SECTION 47A-20
-This section specifies that owners may examine the receipts and expenditures records and vouchers for common areas and facilities maintenance and repairs at convenient hours of weekdays.
NORTH CAROLINA CONDOMINIUM ACT SECTION 47C-3-118
-This section specifies that an association must make all financial and other records available for examination by a lot owner during regular business hours. These records include the governing documents, minutes of meetings, and more.
-An association must make the annual income and expense statement and balance sheet available to all unit owners within 75 days following the end of the fiscal year at no charge.
-Upon written request, an association must provide a unit owner with a statement of unpaid assessments and other charges against a unit. The association must provide this within 10 business days after receiving the written request. The association may charge a reasonable fee for this but may not exceed a total of $200 per request or statement. An additional expedite fee not exceeding $100 may be charged if the request is made within 48 hours of closing.
NORTH CAROLINA PLANNED COMMUNITY ACT SECTION 47F-3-118
-This section specifies that an HOA must make all financial and other records available for examination by a lot owner during regular business hours. These records include the governing documents, minutes of meetings, and more.
-An HOA must make available to all unit owners the annual income and expense statement and balance sheet within 75 days following the end of the fiscal year at no charge.
-Upon written request, an HOA must provide a unit owner with a statement of unpaid assessments and other charges against a unit. The HOA must provide this within 10 business days after receiving the written request. The HOA may charge a reasonable fee for this but may not exceed a total of $200 per request or statement. An additional expedite fee not exceeding $100 may be charged if the request is made within 48 hours of closing.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
