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Old 04-29-2014, 08:58 PM
 
2 posts, read 1,673 times
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Our HOA was formed in 2006. However, our bylaws state that 25% of the members must request a special meeting while the NC Planned Community Act states that only 10% are required. Believe the Act pertains to those HOA's formed after 1999. So, in this instance which takes precedence, the 25% bylaw or the 10% NC Planned Community Act?
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Old 04-30-2014, 05:18 PM
 
Location: Inactive Account
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I suspect the state statute is a "minimum standard". But 25% does sound high and unless some issue is very intense and is creating lots of neighborhood angst, I doubt you'll succeed in calling a special meeting.
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Old 04-30-2014, 05:56 PM
 
Location: Salisbury,NC
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Depending on the make up of the board, you may need to have a attorney remind them that the changes to 47f are written to over ride the covenants created after 1999.
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Old 04-30-2014, 08:14 PM
 
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Default HOA vs NC Planned Community Act

Actually we have garnered more than 25% of the community to call the special meeting. Since this Board has a problem enforcing the covenants, and is more secretive than the CIA we will probably be calling more meetings in the future, and will refer to 47F. Thanks.
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Old 05-01-2014, 08:58 AM
 
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Good for you. Keep us posted.
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Old 05-02-2014, 08:24 AM
 
1,106 posts, read 3,534,136 times
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Quote:
Originally Posted by plr9999 View Post
Actually we have garnered more than 25% of the community to call the special meeting. Since this Board has a problem enforcing the covenants, and is more secretive than the CIA we will probably be calling more meetings in the future, and will refer to 47F. Thanks.
Or start the process or electing new people.
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