U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > North Carolina
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 04-29-2013, 10:25 AM
 
2 posts, read 8,657 times
Reputation: 11

Advertisements

I am a member of an HOA that was formed prior to 1999. The members are working towards calling a special meeting.

The existing bylaws state the members can request of the Board to call a Special Meeting by written request of the members who are entitled to cast one-fourth (1/4) of all the votes of the Class A membership. Class A members are defined as lot owners.

NC Planned Community Act (Chapter 47F) states,

"Special meetings of the association may be called by the president, a majority of the executive board, or by lot owners having ten percent (10%), or any lower percentage specified in the bylaws, of the votes in the association. "


Does anyone have any advice as to which stands 10% or 25%?


Thank-you very much!
Reply With Quote Quick reply to this message

 
Old 04-29-2013, 10:32 AM
 
3,743 posts, read 11,282,530 times
Reputation: 2746
If your neighborhood is pre-1999, it is grandfathered out of that part of 47F I believe, so you would need 25%.

Are you having trouble simply asking the Board for a special meeting? If they just call the meeting there's no need for any percentages.
Reply With Quote Quick reply to this message
 
Old 04-29-2013, 11:29 AM
 
2 posts, read 8,657 times
Reputation: 11
Thanks so much for the response. The Board is aware of our request, however, the issue is a bit contentious so they are hesitant to call a special meeting. Hence our question on clarification around required percentages 10% is a lot easier to obtain than 25%.

You preface your answer with, "I believe". Might there be a more definitive answer?

Thanks again.
Reply With Quote Quick reply to this message
 
Old 04-30-2013, 03:40 PM
 
5,048 posts, read 6,900,962 times
Reputation: 4146
Check out the sections on Applicability and Variation since there are particulars you would know better than us...number of lots, etc.
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_47f.html

47F‑1‑102. Applicability.

(a) This Chapter applies to all planned communities created within this State on or after January 1, 1999, except as otherwise provided in this section.
(b) This Chapter does not apply to a planned community created within this State on or after January 1, 1999:
(1) Which contains no more than 20 lots (including all lots which may be added or created by the exercise of development rights) unless the declaration provides or is amended to provide that this Chapter does apply to that planned community; or
(2) In which all lots are restricted exclusively to nonresidential purposes, unless the declaration provides or is amended to provide that this Chapter does apply to that planned community.

47F‑1‑104. Variation.

(a) Except as specifically provided in specific sections of this Chapter, the provisions of this Chapter may not be varied by the declaration or bylaws.
(b) The provisions of this Chapter may not be varied by agreement; however, after breach of a provision of this Chapter, rights created hereunder may be knowingly waived in writing.
(c) Notwithstanding any of the provisions of this Chapter, a declarant may not act under a power of attorney or proxy or use any other device to evade the limitations or prohibitions of this Chapter, the declaration, or the bylaws. (1998‑199, s. 1.)
Reply With Quote Quick reply to this message
 
Old 04-30-2013, 07:44 PM
 
3,743 posts, read 11,282,530 times
Reputation: 2746
Quote:
Originally Posted by bcwlms View Post
Thanks so much for the response. The Board is aware of our request, however, the issue is a bit contentious so they are hesitant to call a special meeting. Hence our question on clarification around required percentages 10% is a lot easier to obtain than 25%.

You preface your answer with, "I believe". Might there be a more definitive answer?

Thanks again.
HOAs have the option of adopting 47F if they existed before the law was enacted, so the question is, does your HOA adhere to its own laws or the State's?

I'd assume the HOA abides its own law and no one ever voted to move to 47F, which is where my "believe" wording came from. I'm betting the HOA never boithered to adopt 47F.

I'd ask the Board to call a special meeting on behalf of yourself, or your group, if they are concerned about fallout. Boards should serve their Owners and not be self-interested, so maybe reminding them of that will help get you a meeting.
Reply With Quote Quick reply to this message
 
Old 05-01-2013, 05:52 AM
 
2,450 posts, read 2,686,484 times
Reputation: 2068
Note that there is a technical definition of "planned community" in the statute. Not every HOA is covered because not every subdivision is a planned community.
Reply With Quote Quick reply to this message
 
Old 05-28-2013, 06:52 AM
 
4 posts, read 7,035 times
Reputation: 10
Our development was created before 1999 but we do not have a HOA - just conyences - we are trying to form a HOA and the attorney we went to said it would not be a problem. What % do we need to vote on a HOA for our development?? He said all we need to do is form the HOA but I think we would need to vote among the property owners to form the legal HOA - he (the attorney said all we need to do is amend the conyence by 51%. Is that legal

J
Reply With Quote Quick reply to this message
 
Old 05-28-2013, 07:24 AM
 
9,198 posts, read 21,826,454 times
Reputation: 8537
I guess it depends on what you mean by "form an HOA." An HOA is simply a non-profit corporation. I suppose any group of homeowners could form one. The bigger question would be what authority the HOA would have.

I lived in a north Raleigh neighborhood that had a voluntary HOA. "Dues" were small ($60/yr) nd paid on a voluntary basis, primarily to fund some social events and landscaping at a neighborhood entrance. The HOA had no authority over restrictive covenants or architectural changes.

I don't see how any percentage of homeowners would ever be able to impose new restrictions, covenants, etc. onto real property.
Reply With Quote Quick reply to this message
 
Old 05-28-2013, 06:20 PM
 
5,150 posts, read 6,640,110 times
Reputation: 1438
Quote:
Originally Posted by CHTransplant View Post
I guess it depends on what you mean by "form an HOA." An HOA is simply a non-profit corporation. I suppose any group of homeowners could form one. The bigger question would be what authority the HOA would have.

I lived in a north Raleigh neighborhood that had a voluntary HOA. "Dues" were small ($60/yr) nd paid on a voluntary basis, primarily to fund some social events and landscaping at a neighborhood entrance. The HOA had no authority over restrictive covenants or architectural changes.

I don't see how any percentage of homeowners would ever be able to impose new restrictions, covenants, etc. onto real property.
Sketchy. It's more than a corporation. It is declared as a matter of law. How do you declare a new planned community to exist in the same physical space as an existing non planned community? Because that doesn't seem possible, I say it can't be done.

I also say that a vampire cannot come in to your house unless you invite him. Inviting an HOA to be where one did not exist could be similar.

This is a good thread not just because I'm on it: Create HOA After The Fact?

It has a link to Michael Hunter who has a newspaper column on these issues. He'd be a good one to ask.
Reply With Quote Quick reply to this message
 
Old 05-28-2013, 06:29 PM
 
5,150 posts, read 6,640,110 times
Reputation: 1438
Quote:
Originally Posted by bu7ffyjf View Post
Our development was created before 1999 but we do not have a HOA - just conyences - we are trying to form a HOA and the attorney we went to said it would not be a problem. What % do we need to vote on a HOA for our development?? He said all we need to do is form the HOA but I think we would need to vote among the property owners to form the legal HOA - he (the attorney said all we need to do is amend the conyence by 51%. Is that legal

J
Found this: Can residents form an HOA on their own? | CharlotteObserver.com

Basically it says you can do it but you'll have no authority. Membership would be voluntary unless the CCRs were recorded before the neighborhood was built.

It does seem your lawyer is willing to take your money.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:



Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > North Carolina
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top