Developer Control and Electing Board Officers

Question:

Once a HOA Board of Directors has elected members, how long do you have to have the first meeting to vote board offices? Can an HOA Board be controlled by the builder with having controlled interest on the Board?

– Gary

 

Answer:

Hi Gary,

It’s different for every association, so it’s best to check your bylaws for directions on when you should decide on officers. Your bylaws should also contain information about how often to hold board meetings.

In North Carolina, the developer usually retains control over the HOA until all or most of the homes in the development have been sold. The developer can appoint board members until the declarant control period, which isn’t governed by North Carolina law, comes to an end. You will find the period of declarant control outlined within your community’s governing documents, specifically the Declaration.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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