Previous Board Not Stepping Down, No Reelections

Question:

When our HOA board met for reelection, we did not have enough homeowners to show up to have a quorum to secure an election. The older board would not step down, even though they were asked to vacate Their seats. How can we reelect a board when they refuse to give up the previous board seats?

– Deb

 

Answer:

Hi Deb,

The previous board may be required to step down once an election is successfully held. It may be helpful to focus on scheduling a meeting where a quorum can be established or holding elections through alternative means, depending on the provisions of the governing documents. Homeowners may also remove the problem board member(s) through voting according to the North Carolina Planned Community Act Section 47F‑3‑103(b). However, it is generally best to ensure an election happens to avoid receivership. For further guidance, kindly consult your HOA manager or lawyer.

 

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

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