Can HOA boards skip meetings and cancel elections? This is a question many homeowners have, especially in North Carolina.
Can HOA Boards Skip Meetings?
Homeowners association boards are legally obligated to hold an annual meeting. When a board member’s term ends, an election must be conducted.
The North Carolina Planned Community Act mandates that HOAs convene at least once a year. While attorneys concur with this requirement, they note that elections do not necessarily have to occur annually.
Legally, the HOA must hold an annual meeting. However, this doesn’t mean director elections will occur yearly. The frequency of elections depends on the length of the directors’ terms, so there may be years without any turnover.
In years designated for elections, HOAs are expected to conduct them. It is best that homeowners first write to the board if an election is not scheduled. Hiring an attorney is an option if this fails, though it should be a last resort. The attorney can ask a judge to enforce the law, ensuring that annual meetings and elections are held as required.
Residents should review their bylaws and organize a special meeting if enough homeowners agree. Typically, it takes a petition from 10% to 20% of owners to compel the board to hold a meeting.
