HOA BOD refused to hold our 2020 Annual Meeting, Scheduled Election, nor Ratified our 2020 budget. (North Carolina)

[Guest David]

Hello;

I live in an HOA community in North Carolina.  In 2020 our BOD and MGT Company refused to respond to requests as to how and when we would hold our annual BOD election since one seat was scheduled to come due in April of 2020.  In the end they did not hold an annual meeting, did not hold our 2020 election and there was no ratification of our 2020 budget either.

They claimed that due to CV-19 many HOA's were not meeting and just putting things off until we could meet in person.  They finally decided to hold a meeting virtually in late January of 2021.  They are now combining our 2020 election and 2021 election into one.  Basically they have done nothing since our last meeting which was in November of 2019.

The BOD member that should have been up for election in April of 2020 is still serving pending the now scheduled election.  

My question was it legal for them to refuse to hold our 2020 election.  There is nothing in our Governors Executive orders that seemed to authorize the suspension of HOA elections.  It seems that they were put out to allow HOA business to continue.  

Thank you. 

[Josh Martin]

1 hour ago, Guest David said:

My question was it legal for them to refuse to hold our 2020 election.

It was not proper, as a parliamentary matter, to refuse to hold the 2020 election.

But if it is time for the 2021 elections, then holding the 2020 elections is now a moot point.

If the question is whether the board's action in this regard violates some provision in applicable law, that is a question for an attorney.

Edited February 24, 2021 at 07:13 PM by Josh Martin

[Rob Elsman]

We have had reports on this forum that North Carolina adopted some kind of statutory or executive prohibition against people gathering in groups in order to prevent the spread of the COVID virus.  It may well be that the executive board had no other choice but to defer the annual meeting.

[Guest Puzzling]

Roberts rules of order is not a legal law book,there's no RONR -police.

Having said that RONR is full of rules and one of them is that you should follow your bylaws. 

HOA's are more regulated by state and federal laws, covenants, and there own bylaws than by RONR. 

Please have a look at the website of the homeowners protection bureau www.hopb.co  that will give guidance on the more legal bit of it your question.