North Carolina Statewide Rule
North Carolina HOA Board: Open Meetings & Records (G.S. 47F-3-108, 47F-3-118)
Key Facts
- Governing law
- G.S. 47F-3-108 (meetings) & 47F-3-118 (records)
- Annual meeting
- At least once each year
- Meeting notice
- 10-60 days in advance, with agenda
- Owner participation
- Right to attend & speak at board meetings
- Records access
- Reasonably available; unpaid-dues statement in 10 business days
Summary
North Carolina's Planned Community Act requires HOAs to hold at least one association meeting each year (G.S. 47F-3-108) with 10-60 days' advance notice stating the agenda, and to give owners a chance to speak at board meetings. G.S. 47F-3-118 makes financial and other records reasonably available to lot owners.
G.S. 47F-3-108 § 47F-3-108. Meetings. (a) A meeting of the association shall be held at least once each year. 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. Not less than 10 nor more than 60 days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each lot or to any other mailing address designated in writing by the lot owner, or sent by electronic means, including by email over the internet, to an email address designated in writing by the lot owner. The notice of any meeting shall state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove a director or officer. (b) Meetings of the executive board shall be held as provided in the bylaws. At regular intervals, the executive board meeting shall provide lot owners an opportunity to attend a portion of an executive board meeting and to speak to the executive board about their issues or concerns. The executive board may place reasonable restrictions on the number of persons who speak on each side of an issue and may place reasonable time restrictions on persons who speak.
Full Breakdown
G.S. 47F-3-108 requires that "a meeting of the association shall be held at least once each year," with notice "not less than 10 nor more than 60 days in advance" stating the time, place, and agenda, including proposed amendments, budget changes, and any removal of a director. At regular intervals, the board "shall provide lot owners an opportunity to attend a portion of an executive board meeting and to speak to the executive board about their issues or concerns," subject to reasonable limits. G.S. 47F-3-118 provides that "all financial and other records ... shall be made reasonably available for examination by any lot owner," and a statement of unpaid assessments must be furnished within 10 business days of a written request.
Violations & Penalties
No specific statutory penalty. Owners enforce these procedural rights through the association's governing documents and, if necessary, civil action; failure to meet notice, meeting, or records requirements can expose board actions to challenge.
Frequently Asked Questions
Are North Carolina HOA board meetings open to owners?
Can I see my North Carolina HOA's financial records?
How much notice must a North Carolina HOA give for meetings?
Sources
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