Durham HOAs under the NC Planned Community Act (N.C.G.S. 47F) must hold at least one annual meeting with 10-60 days advance written notice and allow lot owners to attend and speak.
Homeowners associations in Durham are governed by the North Carolina Planned Community Act, N.C.G.S. Chapter 47F, which applies to planned communities created on or after January 1, 1999, with more than 20 lots. Under N.C.G.S. 47F-3-108, the association must hold at least one meeting per year. Written notice must be given not less than 10 nor more than 60 days before any meeting. Notice must be hand-delivered, sent by prepaid U.S. mail to the mailing address of each lot, or sent electronically to an email address designated in writing by the lot owner. Meeting notices must state the time, place, and agenda items, including the general nature of any proposed amendments to the declaration or bylaws, budget changes, and any proposal to remove a director or officer. The executive board must provide lot owners regular opportunities to attend a portion of board meetings and speak about their issues or concerns. Meetings must be conducted according to the most recent edition of Roberts Rules of Order Newly Revised unless the bylaws specify otherwise. Contact Durham One Call at (919) 560-1200 for general HOA questions.
Failure to provide proper meeting notice or hold the required annual meeting may expose the board to legal challenges from lot owners. Aggrieved owners may seek relief through the dispute resolution process under N.C.G.S. 47F-3-120 or through civil court action.
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