CHARLOTTE, N.C. — When it comes to homeowners associations, there can be a lot of rules for residents, but what about the HOA board itself?
One VERIFY viewer is questioning if their HOA can skip board elections.
WCNC Charlotte got this email from Florentina R.:
"Our HOA board has refused to conduct the Association's Annual Board Election. Is an HOA board allowed to withhold the association's annual board elections?"
THE ANSWER
Yes, HOA boards are required by law to hold an annual meeting. If a board member's term is complete, they are required to hold an election.
OUR SOURCES
WHAT WE FOUND
According to the North Carolina Planned Community Act, HOAs must meet at least once a year. Hunter agrees, but when it comes to elections, those aren't required every year.
"By law, the HOA is required to hold an annual meeting. That doesn't mean their directors will be up for election every year," Hunter said. "It depends on how long their terms are, and it could mean you have some years where they are turning over."
If it's supposed to be an election year, HOAs should have an election. Hunter said homeowners can write to the board, and if that doesn't work, they can hire an attorney. This option should only be considered if you've tried everything else, though.
"As a last resort, hire an attorney and sue the board," Hunter said. "They will ask the judge to comply with the law and hold annual elections if that is the case, or at least hold an annual meeting."
Hunter said residents should look into their bylaws and hold a special meeting if enough homeowners agree. He said it typically takes 10% to 20% of the owners to petition the board and require a meeting.
Contact Meghan Bragg at mbragg@wcnc.com and follow her on Facebook, X and Instagram.
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