HOA violating GS 47F-2-117 (attorney, live, legal)

[RVT]

Our HOA is violating the terms of NC General Statute 47F-2-117 by unilaterally amending our declaration of covenants without holding a 67% vote of the association members. What legal remedies do we have against them? Can we call the district attorney and have him enforce the law, or do we have to go to civil court?

[GCharlotte]

Originally Posted by RVT

Our HOA is violating the terms of NC General Statute 47F-2-117 by unilaterally amending our declaration of covenants without holding a 67% vote of the association members. What legal remedies do we have against them? Can we call the district attorney and have him enforce the law, or do we have to go to civil court?

Since it's not a criminal statute, I think you'll need to sue them. You said "HOA" though. The HOA includes all the members. So if all the members made the change. . . I think you mean the board of directors made the change on their own or had less than the required %.

What county are you in?

What you should probably do next is get the minutes of whatever meeting was held and write the president a letter asking for an explanation. If the board did something not within their powers, ask them to rescind the decision under threat of the lawsuit.

DM me the who and when if you want and I can check public records if available online.

[Time2Travel]

Originally Posted by RVT

Our HOA is violating the terms of NC General Statute 47F-2-117 by unilaterally amending our declaration of covenants without holding a 67% vote of the association members. What legal remedies do we have against them? Can we call the district attorney and have him enforce the law, or do we have to go to civil court?

Residents of an HOA can vote by proxy without actually attending an HOA meeting. If this was an annual meeting and the covenants were amended by the board with a 67% unattended resident vote by proxy then it's almost a guarantee that it was legal. Call you property manager and ask as to see the minutes of the meeting like the other poster suggested. That'll show the proxy count. If this was a meeting of the board only and they amended the covenants without a resident vote then I would imagine it's illegal.

[RVT]

Yes, I meant the Board of Directors when I said HOA. Sorry I was not more clear.

They did not hold any vote, by proxy or otherwise. The declaration also says that if there is a meeting where there is to be any discussion on changes or additions to the declaration, that they have to give advance notice to all members by mail or hand delivered note. They do not do this. They have also not registered the changes that they made to the declaration.

They meet once a week for the last year and have been adding new rules, regulations and fees almost constantly, all without having a vote.