Garner, NC asked in Real Estate Law for North Carolina

Q: Chapter 47F-3-103 states that the current board can be voted out. Are the current board members dismissed immediately?

We planned to vote out our current HOA board to do a long list of issues plaguing our community. We will call an emergency special meeting with the stated quorum of lot owners in our Bylaws and have a vote. If the existing HOA Board is voted out during the Special meeting, do all members retain their positions until a homeowners meeting can be called (10 day minimum notice to all homeowners) in order to elect new Board members, or are current HOA Board members dismissed immediately and the new board takes over right then?

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1 Lawyer Answer
Ben Corcoran
Ben Corcoran
  • Yadkinville, NC
  • Licensed in North Carolina

A: In order to answer this question, I or any other lawyer would need to review the documents that govern the HOA and the board. There should be something in there that deals with this situation.

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