Does our HOA board and property management company have the right to ignore our by-laws?
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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 12 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.
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