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From YouTube: Orientation to NC HOA Board Service
Description
Serving on an HOA Board is a huge commitment. These volunteers are responsible for the overall business and success of the community. Many boards do not provide a formal orientation to new board members leaving them to feel overwhelmed and underqualified. Properly orienting new board members is an important first step and offers the opportunity for them to better understand the organization and their role. Orientation to NC Homeowners Association Board Service will discuss the basics of HOA board service and how to properly welcome and onboard new board members.
A
We
are
here
tonight
to
have
a
presentation
on
serving
on
north
carolina
home,
owned
association
boards
and
the
reason
why
we
thought
it
was
important
for
us
to
put
on
this
type
of
workshop
training
is
because
we
realize
that
a
lot
of
homeowners
association
boards
don't
receive
formal
training.
You
guys
are
volunteers
and
you
do
sometimes
a
very
thankless
job
in
terms
of
helping
to
run
your
neighborhood
and
making
sure
that
your
community
is
well
maintained
and
that
you
guys
are
following
all
of
your
hoa
rules.
A
So
we
wanted
to
come
to
you
tonight
just
to
try
to
provide
some
just
assistance,
some
clarity
on
the
role
that
you
have
stepped
up
for,
and
so
we
are
joined
tonight
by
rocky
kavanaugh
and
I
will
quickly
read
his
bio
before
we
get
started.
So
rocky
is
an
attorney
at
holland,
chandler,
a
pa
in
charlotte
north
carolina.
A
Prior
to
joining
helen
chandler
rocky
served
as
the
executive
director
of
the
salisbury
roaring
community
action
agency,
a
multi-million
dollar
501
c
3
public
charity
that
administered
head
start
early
head
start
affordable
to
child
care
and
family
self-sufficiency
programs
throughout
six
counties
in
north
carolina
from
2012
to
2017.
He
served
as
the
clinical
law
professor
at
an
aba
accredited
law
school
in
charlotte
north
carolina.
A
Anymore,
he
developed
and
supervised
the
law,
school's
community
economic
development
clinic
providing
pro
bono
legal
services
to
nonprofits
and
community
groups
throughout
the
charlotte
metro
region
from
2005
to
2011
rocky
supervised.
The
community
economic
development
practice
unit
called
the
revitalize
our
communities
project
at
legal
services
of
north
florida
and
tallahassee
florida
from
2003
to
2005
rocky
served
as
the
equal
justice
works.
Fellow
at
three
rivers,
legal
services
in
gainesville
florida,
where
he
developed
a
rule-based
access
to
justice
initiative.
A
Rocky
serves
as
the
chairman
of
the
fair
housing
community
for
the
city
of
salisbury
north
carolina
and
is
a
member
of
the
board
of
directors
at
the
southeast
asian
coalition.
In
charlotte
north
carolina.
He
holds
a
law
degree
with
honors
from
the
university
of
florida,
levine
college
of
law,
a
master
of
mass
communications
from
university
of
florida,
college
of
journalism
and
a
bachelor's
degree
from
the
university
of
north
carolina
at
chapel
hill.
Welcome
rocky.
B
So
I
assume
most
of
everyone
here
is
a
member
of
your
homeowner
association
board
or
maybe
you're
in
your
homeowner
association
board.
And,
as
michelle
said,
you
know,
we
have
learned
that
there's.
No,
that
hasn't
a
lot
of
folks
have
not
gotten
a
a
formalization
to
service,
and
so
our
approach
here
is
to
try
to
recreate
such
an
orientation
that
that
one
should
receive
if
you
do
join
an
hoa.
B
Only
and
not
for
the
purpose
of
providing
legal
advice,
anything
we
say
today
doesn't
create
an
attorney
attorney-client
relationship
or
this
is
clearly
providing
information.
Obviously,
if
you
have
questions
or
you
want
something
deeper,
we
can
there
I'll.
The
city
can
provide
my
contact
information,
but
really
for
today's
purposes
solely
on
education
and
not
about
solicitation
for
legal
services.
B
So
what
today's
presentation
covers
and
what
it
doesn't
so
you're
gonna
become
very
familiar
with
some
of
these,
these
acronyms
that
we're
going
to
talk
about
today.
So
don't
worry
if
it
looks
a
little
bit
a
little
weird
today
at
first
you'll,
it'll
it'll
seem
like
old
hat
by
the
end
of
the
presentation,
but
this
guide
is
designed
for
board
members
of
north
carolina
homeowner
associations,
which
are
governed
by
the
north
carolina
planned
community
act.
That's
found
at
north
chapter,
47,
f,
the
north
korean
general
statute.
B
So,
throughout
this
presentation
you
can
hear
me
discuss
the
pca.
So
when
you
hear
the
pca
we're
talking
about
the
planned
community
act,
because
that
is,
that's
gonna
be
real
key.
Today's
discussion
and
another
big
law
that
affects
pretty
much
all
of
the
hoas
in
north
carolina
is
the
north
carolina
not-for-profit
corporation
act.
That's
a
that's
an
act.
I
know
very
well
in
my
practice,
chapter
55a,
the
general
statutes-
and
this
applies
to
all
hoas
that
were
formed
after
1999..
B
Now.
Why
1999?
Because
1999
is
when
the
pca
was
established
by
the
north
carolina
legislature
and
as
part
of
the
pca,
it
said
any
homeowner
association
here
forth,
established
after
1999
will
incorporate
them
north
korea
nonprofit
and
also
be
governed
by
the
55a
of
the
north
carolina
general
statute.
So
already
off
the
bat,
not
only
so
if
you,
if
you
serve
on
profit
board
somewhere,
you
really
only
have
one
state
law,
but
when
you
serve
on
an
hoa
in
north
carolina,
you've
got
two
major
state
laws.
You've
got
the
plan.
B
Ca
and
you've
got
55a
of
the
north
korean
not-for-profit
act
so
already
off
the
bat
you've
got
double
the
homework
of
any
other
board
member
on
any
in
town.
Okay,
so
that's
that's
kind
of
that's
kind
of
the
thankless
and
difficult
job
of
serving
on
a
north
carolina
hoa.
Now,
if
you
are
a
member
of
a
condo
board,
okay-
and
there
might
some
of
you
might
be
on
a
condo
board-
some
of
these
principles
will
apply,
but,
specifically
speaking,
your
services
found
is
governed
in
north
carolina
condominium
act,
47
c.
B
If
they're,
this
guy
will
not
focus
on
condo
board
service,
but
perhaps
you
know
a
future
training
will
so
many
of
you
might
be
looking
at
yourself
or
thinking.
What
is
this
guy
talking
about,
and
what
did
I
just
get
myself
into?
Maybe
some
of
you
are
also
been
involved
in
in
the
hoa
for
a
while,
so
you
know,
you've
been
in
it
for
a
while,
but
for
says
you're
new,
but
I
asked
myself
if
I
were
an
hoa
I'd,
probably
be
asking
myself.
What
did
I
just
get
myself
into?
B
B
B
B
B
During
the
presentation
in
the
chat
about
will
these
materials
be
made
available,
they
should
be
this.
Is
this
is
owned
by
the
city,
so
they
should
be
able
to
provide
this.
This
training
either
upload
this.
I
think,
they're
recording
this
as
well,
so
the
things
that
you
kind
of
want
to
have,
as
as
you
start
to
you,
need
to
compile
so
number
one.
Your
articles,
incorporation
though,
and
then
your
rules
are
regulations
for
your
hoa.
B
You
may
probably
have
seen
those
your
most
recently
adopted
bylaws,
which
include
all
amendments
to
date
for
your
board
of
directors
in
this
you're.
We're
going
to
talk
a
lot
about
this,
your
declaration
of
covenants
conditions
and
restrictions
of
ccrs,
so
you're
going
to
learn
a
lot
about
ccr
and
for
those
of
you
from
a
different
generation.
It's
not
credence.
Clearwater
revival
we're
talking
about
here.
These
are
your
covenants
conditions
and
restrictions,
so
we
will
say
ccr.
B
B
This
entity,
and
in
this
case
for
post
1999
hoas,
you
all
have
to
be
christened.
I
guess
if
there's
a
birth
certificate
as
a
not-for-profit
corporation
and
it's
by
finance,
article
and
corporation,
that
draws
you
under
55a
of
the
nc
general
statute.
The
nonprofit
act
they're
really
easy
to
find.
These
are
filed
with
the
secretary
of
state's
office.
You
can
go
on
the
secretary
of
state's
website
and
you
can
go
to
enter
business
entity
search,
put
the
name
of
your
homeowner
association
and
you
can
for
free.
B
North
korea
is
a
great
state.
Unlike
other
states,
they
will
actually
let
you
view
and
download
everything
that
any
business
entity
has
filed
with
the
secretary
of
state.
So
we
have
very
good
transparency
in
our
state
government,
so
you
can
download
it
for
free
in
a
pdf
format.
You
can
print
that
out.
B
So
if
you
don't
have
a
copy
of
articles,
incorporation
you
can,
after
this
presentation,
go
to
the
secretary
of
state's
website,
go
to
business
entity,
search
and
look
up
the
name
of
your
homeowner
association,
and
it
should
have
at
least
the
articles
and
for
there
might
have
been
some
amendments,
such
as
you
might
have
changed
your
registered
agent
or
you
might
have
changed
your
principal
office.
You
can
see
everything
that's
on
file
with
the
secretary
of
state's
office,
so
that's
your
articles,
don't
have
a
copy
of
those.
B
You
should
definitely
keep
a
copy
just
for
your
records
bylaws.
So
I
know
when
you
join
a
hoa.
There
are
ton
documents,
but
you
should
always
have
a
copy
of
your
bios
and
the
bylaws.
Are
there
typically
to
govern
the
board?
So
this
is
one
more
specific
to
the
board
itself.
You
should
probably
copy
you
know,
and
everyone
in
the
neighborhood
should
probably
have
something
like
rules
and
regulations
like
you
can't
show
the.
A
B
B
Focus
directors,
and
so
the
first
thing
that
you
need
are
your
bylaws.
So
as
I
say
here
in
the
first
bullet
point,
you've
got
the
pca.
You
got
the
plane,
communities
act,
this
is
big
law,
you've
got
and
then
the
ccr's
I'm
going
to
go
into
ccr's
in
a
little
bit,
but
most
likely
you'll
look
at
your
by
laws
the
most,
and
so
it's
kind
of
the
constitution.
It's
how
your
non-profit
itself
actually
operates.
So
it
includes
rules
pertaining
to
directors,
officers,
meetings,
voting
and
indemnification
for
director
actions.
B
B
If,
if
that
rule
is
in
your
bylaws,
it's
easier
to
change,
because
if
the
rule
is
in
your
ccr's
and
we're
going
to
get
into
that,
it's
really
hard
to
change.
So
and
it's
kind
of
it's,
your
yes
and
the
thing
about
the
ccr
as
we
get
into
it,
it's
kind
of
established
by
the
time
you
get
there,
and
so
you
really
it's
going
to
be
very
difficult
to
change.
What's
in
the
ccr's,
however,
things
such
as
voting
how
we
vote
and
things
of
that
nature
check
your
bylaws
first.
B
It
could
be
in
your
ccr's,
but
most
likely
that
would
be
in
your
bylaws
and
again
the
north
carolina
non-profit
gap.
It's
really
it's
sort
of
rules,
so
if
you
don't
have
bylaws
and
somehow
you
never
adopted
bylaws
the
north
carolina
act,
the
55a
will
give
you
some
default
rules
on
how
to
operate.
Your
nonprofit
operate
your
board,
but
it's
better
to
have
bylaws,
because
basically
the
non-profit
gas
says
you
should
have
them,
but
if
you
don't
have
them.
B
All
right,
so
you've
heard
me
talk
about
this
pca.
This.
This
piece
of
legislation
is
the
foundation
of
hoa
law,
so
the
north
carolina
planned
communities
act.
So
hopefully,
if
you
leave
this
meeting,
you
should
definitely
know
the
pca.
It
is
a
piece
of
legislation
that
really
establishes
all
of
those
sort
of
legislative
governmental
powers
that
you
have
as
a
sort
of
miniature
local
government
and
all
of
your
powers
come
from
the
pc.
They
don't
come
from
the
nonprofit
act.
All
of
that
stuff
that
we'll
talk
about
today
comes
from
the
pca.
B
So
I'm
going
to
highlight,
I
put
a
lot
of
bullets
here,
but
I
think
I
did
kind
of
highlight
some
things.
That
definitely
should
be,
in
my
opinion,
more
emphasis,
but
I
think,
are
all
important,
but
so
north
carolina
general
statutes
chapter
47f.
If
you
need
a
copy
of
that,
you
can
google
and
see
north
carolina
general
statutes
47f.
You
can
download
that
for
your
records,
but
basically
here's
the
essence
of
the
pca.
In
the
first
bullet
point
it
simply
defines
and
community
which,
at
home
association
it's
a
planned
community.
B
When
I
talk
about
sort
of
being
like
a
miniature
government,
that's
what
it
means,
because
in
order
to
take
care
of
specified
common
area
sidewalks-
or
you
know
things
of
that
nature
or
services
such
as
we
have
pool
they're
going
they're
not
going
to
be
paid
by
to
take
care
that
you
do,
because
that
that
is
why
it's
a
sort
of
a
miniature
government
and,
of
course,
this
third
bullet,
where
I
highlighted
the
the
czr.
So
the
pca
states
that
the
ccrs
can
be
amended.
B
A
B
It
may
take
50
percent
of
who's
on
your
board
to
change
the
bylaws
or
it
could
take
50
of
who's
on
your
who's
in
the
entire
community.
You
have
to
look
at
that,
but
definitely
if
it's
in
your
declarations,
you
need
to
get
a
copy
of
that
those
are
probably
next
to
the
pca,
the
most
powerful
documents
that
are
in
your
in
your
p,
in
your
hoa.
B
So
we
talked
about
these
ccr's
right,
not
the
old
ban,
but
the
the
covenants
conditions
and
restrictions
anything
about
that
covenants.
It's
like
you,
know
it's
covenants
like
an
agreement
conditions,
restrictions.
These
are
very
limiting
words
or
agreements,
things
that
we
you've
abide
to,
and
so
what
are
these
so?
B
The
declaration
of
covenants
conditions,
restrictions
commonly
known
as
ccnr's?
It's
a
legal
document,
so
number
one,
it's
legal!
It's
it's
serious
and
it's
filed
with
the
county
recorder's
office.
So
it
may
cost
you
some
money.
If
you
don't
have
a
copy
of
your
your
ccr's,
you
can
go
to
the
mecklenburg
county
county
recorder's
office
and
you
can
give
them
the
name
of
the
the
of
the
the
hoa
and
I'm
sure
they
can
find.
B
B
B
B
It
runs
with
the
lane,
no
matter,
you
will
always
inherit
it
and
so
again,
recorded
by
the
real
estate
developer,
so
most
of
your
communities
with
some
developers
dream
and
they
got
community
and
and
at
first
you
know
this
developer,
probably
selected
the
initial
board
of
directors,
and
they
probably
you
know,
and
they
were
the
ones
who
went
and
paid
the
money
and
recorded
the
ccr's
into
the
public
records,
and
so
that's
how
they
got
there.
So
it's
if
you're
wondering
well,
how
did
these
ccrs
get
here?
B
B
B
You
have
your
bylaws,
you
know,
and
those
are
these
are
those
are
powerful
to
follow,
but
then
you've
got
the
ccrs
which
trump
your
bylaws,
and
then
you
have
the
pca,
which
is
even
more
powerful
than
your.
Then
your
declarations,
your
ccr's,
but
simply
put
the
ccrs,
provide
a
road
map
to
homeowners
living
within
hoa
of
what
is
expected
and
permitted
in
the
neighborhood.
So
it's
kind
of
it
is
definitely
it's
definitely
the
price,
the
law
that
that
really
really
circumscribes
the
rules,
limitations
and
requirements.
B
So
let's
dig
deeper
into
the
ccr's.
So
if
you
have
a
copy
of
your
ccr,
the
first
thing
that
you
want
to
look
at
and
it
probably
will
be
in
the
first
page-
is
you
want
to
see
if
it
highlights
that
chapter
47f
north
carolina,
planned
communities
act
as
its
foundation
and
authority
for
rules
regulations?
B
B
The
most
powerful
legal
documents
you
can
reference,
they
are
more
powerful
than
the
bylaws,
and
if
there's
you
go
through
your
ccr's,
if
there's
anything
you
don't
like
or
you
want
to
change
it's
going
to
take
at
least
67
percent
of
lot
owners.
If
it's
a
residential
community
to
make
any
amendments
to
the
ccr's,
you
imagine
how
difficult
that
is.
Because
do
you
even
know
67
percent
of
your
lot
owners?
B
The
one
of
the
biggest
logistical
issues
is
being
able
to
identify
and
hold
a
meeting
for
all
of
them
and
beyond
that
convince
67
percent
of
them
to
to
vote
for
you,
and
so
it's
it's
rare
if
ccr's
are
ever
changed,
because
it's
just
so
difficult.
It's
like
like
amending
the
constitution
of
the
united
states.
You
know
you
think
you
have
to
have
what
30
something
oh
wait,
wait,
70
or
something
of
the
states.
That's
why
they
can't
pass
the
era.
B
You
know
the
equal
rights
amendment
because
it's
never
to
get
to
the
to
get
enough
states
to
go
for
it.
It's
almost
a
little
bit
like
that,
so
the
third
bullet,
so
the
ccrs
these
these
recorded,
and
I
think,
if
you
have
a
copy
of
it,
I
think
they're
they're
kind
of
deep
in
the
ground
somewhere,
but
they're
just
recorded
you're,
just
a
copy
of
them
at
your
county
register
of
deeds.
But
they
are
one
of
the
biggest
private.
Is
the
ccr's
aware
the
biggest
private
neighborhood
government
power
is
the
hoa
resides?
B
B
You
can
see
the
first
couple
bullets
here
can,
if
you
want
to
get
rid
of
it,
you'd
have
to
get
80
of
people.
Obviously
the
second
bullet
says
that
since
1999
you
form
as
a
non-profit
and
here's.
The
third
bullet,
which
I
think
kind
of
makes
a
lot
of
you
brought
in
here,
is
that
the
pca
states
that
the
homeowner
associates
it
was
that
pc
is
very
intent
on
really
creating
the
framework
for
how
homeowner
association
should
operate.
B
So
it's
the
pca
that
decided
all
of
you
had
to
incorporate
as
non-profits
and
as
a
non-profit.
You
need
to
have
a
board
and
that's
why
you
guys
are
here
on
behalf
of
the
hoa
unless
the
ccr's
or
bylaws
state
otherwise,
but
I
don't
know
of
any
hoa
that
doesn't
have
an
executive
board
and
the
pca.
The
big
law
states
that,
unless
it
says
differently
in
the
ccr's,
the
hoa
is
responsible
for
common
elements
and
each
lot
owner
is
responsible
for
her
lot
and
improvements
thereon.
B
So
you
see
this
picture
here.
It
looks
like
everyone's
just
sort
of
skydiving
and
falling
from
the
sky,
and
you
know
when
I
was
presenting
this.
I
was
like
what
did
I
get
into
because
managing
an
hoa
this?
Is
it
it's
hard?
I
mean
it
it
shouldn't
it
is.
It
is
hard
because
there
are
not
just
you
know
if
you're
managing
a
non-profit-
and
maybe
many
of
you
may
be
on
a
board
of
a
not-for-profit
organization,
a
public
charity
of
501c3.
A
B
You
have
two
major
north
carolina
laws:
you've
got
the
pca
and
you've
got
the
non-profit
act,
but
I
like
this
and
I'm
gonna.
I
highlighted
this
area
because
I
think
that
it's
it's
it's
really
key.
It's
a
timothy
sellers.
He
was
quoted
in
a
treatise
on
homeowner
association
law
in
north
carolina,
but
he
says
these
dedicated
souls
who
almost
always
serve
as
volunteers
are
expected
to
run
the
association
with
the
formality
of
general
motors
while
dealing
with
individual
members,
who
are
frequently
demanding
some
in
article
3
of
the
pca.
B
Those
boards
will
find
many
of
the
tools
that
they
have
desperately
needed
to
effectively
do
their
jobs,
so
he
wrote
this
1999
when
they
established
a
pca,
but
I
would
imagine
that
many
of
you
may
feel
this
is
that
you
are
all
volunteers,
but
you've
been
also
tasked
with
running
a
formality
of
say
of
a
general
motors
or
something,
and
so,
but
he
talked
about
article
three
of
the
pca.
So
the
pca
is
a
big
law.
B
It
says
that
language,
but
the
first
page,
your
ccr
state,
this
ccr,
is
developed
and
is
in
line
with
the
pca.
The
plan
communities
act,
chapter,
47,
f
and
if
so,
then
boom
you
get
all
these
powers
right.
So
then
this
is
established,
so
those
ccr's,
if
they
say,
if
there's
it,
does
those
declarations
say
that
the
magic
terms
about
being
subject
to
the
planned
communities
act,
the
pca
and
here's.
B
Some
of
your
powers
here
so
subject
to
provisions
in
your
articles
and
corporations,
which
are
pretty
basic
and
and
the
ccr's
the
hoa
may
adopt
and
amend
bylaws
rules
and
regulations,
adopt
and
amend
budgets
for
revenues,
expenditures
and
reserves
and
collect
assessments
for
common
expenses
from
lot
owners.
So
I
already
can
tell
you
see
this
is
where
you
get
all
these
powers
from
you're,
getting
them
from,
obviously
written,
probably
your
bylaws
or
something,
but
it
really
comes
from
your
pca
hire
and
discharge
managing
agents
and
other
employees.
B
I
know
that
that's
a
big
topic
and
we
decided
we
in
our
original
draft
of
this
presentation.
We
did
tackle
the
topic
of
of
chips
and
contractual
arrangements
with
property
management
firms,
but
I
think
we
are
going
to
table
that
for
another
time,
because
I
think
it's
such
a
big
topic
that
it
probably
deserves
its
own.
We
decided
it
deserves
its
own
kind
of
focus,
because
that
is
a
very
important
important
relationship.
B
Most
of
you
have
lives,
you're,
not.
You
know
you're,
not
like
the
us
congress,
where
they're
elected
and
that's
all
they
do.
They
get
paid
a
salary
and
they're
just
paid
to
be
congress.
People
you're
not
paid
to
be
on.
I
don't
think
I
mean
I
don't
imagine
many
of
you
are
being
paid
to
sit
on
your
hoa
board
and
manage
and
be
a
you
know,
a
there's,
not
even
a
stipend,
even
city
council
people
get.
You
know
some
kind
of
salary,
for
they
got
another
job.
None.
B
Though,
and
so
this
relationship
with
your
property
management
firm
is
going
to
be
real
key
because
they're
kind
of
like
the
city
manager
like
he
would
serve
you,
he
or
she
would
serve
you
and
would
need
to
be
able
to.
You
know,
do
all
the
things
in
that
community
that
that
are
necessary
and,
of
course,
if
you
get
another
thing,
highlighted,
institute,
defend
or
intervene
in
litigation
or
administrative
proceedings
on
matters
affecting
the
hoa.
There
are
plenty
of
other
powers.
B
B
Tends
to
take
that
act
and
basically
cut
and
paste
everything
from
the
actin
sticks
in
the
ccrs.
It's
very
rare,
where
you'll
see
much
deviation
between
the
pcas
chat,
this
section
three
and
the
ccr's
that
you
have
recorded
these
other
parts
that
I've
highlighted,
because
I
think
these
are
issues
and
we'll
dive
into
them
all
deeper,
impose
reasonable
charges
for
late
payment
of
assessments
and
after
notice,
and
an
opportunity
to
heard
suspend
privileges
or
services
provided
by
the
association
except
you
can't
keep
them
from
their
own
life.
B
You
really
think
about
that.
You
know
you
have
the
power
to
charge
people
for
if
they're
late
on
payments-
and
I
mean,
but
they
have
to
have
what
they
call
notice
an
opportunity
heard.
So
there's
what
we
call
a
law
due
process,
meaning
that
you
serve
sort
of
like
a
judge
role
that
they
have
at
least
the
the
lot
owner
has
a
right
to
defend,
have
a
have
a
hearing,
and
then
you
see
here
and
then
it
says.
B
B
That's
a
lot
of
power.
This
pca
is
a
really
powerful
piece
of
legislation
and
I
think
that
you
know.
For
those
there
are
people
who
are
not
fans
of
hoas
and
they
cite
how
powerful
the
the
planned
communities
act
is
that
it
does
give
sort
of
other
residents
in
the
neighborhood
into
in
the
association,
the
power
of
being
basically
a
legislator.
And
so
that's
where
this,
this
section
three
of
the
pca,
creates
a
lot
of
these
powers
and
then,
of
course,
at
the
end
of
the
act.
B
There's
this
catch-all,
which
basically
says
and
you
as
an
hoa
board.
You
can
exercise
all
the
other
powers
that
may
be
exercised
in
north
carolina
by
legal
entities,
the
same
type.
So
if
it's
not
in
the
pca,
you
can
look
at
55a
the
nonprofit
act,
and
if
there
are
any
other
powers
in
there,
you
can
do
those
and
this
nice
one
exercise
any
other
powers
necessary
and
proper
for
the
governance
and
operations
association.
B
So
now
we're
going
to
talk
about
the
board
itself
and
again,
I
know
you
might
have
some
questions
stuff.
We
can
say
if
you
can
write
them
or
put
them
in
the
chat,
we
will
have
a
period
at
the
end
to
go
over,
so
that
was
kind
of
the
background
of
that
was
kind
of
the
background
of
the
pca
itself
and
and
of
the
law
that
gives
you
the
power
so
that
that
that's
what
that
discussion
is
now
we're
going
to
talk
a
little
bit
more
about
the
hoa
board.
Now.
B
B
So
remember,
I
said
you're
sort
of
a
city
council
of
private
neighborhood
government
and
so
generally
members
of
the
hoa
board
are
elected
by
lot
owners
in
the
hoa
per
the
the
ccr's
and
the
bylaws.
Now,
if
I
highlight
it
here
on
the
fourth
bullet
point,
these
are
some
things
that
the
hoa
board
cannot
do
unilaterally.
You're
going
to
have
to
have
the
other
members
come
in
is
amend
the
ccrs.
Well,
obviously
you
can't
you
need
67
percent
terminate
the
hoa.
You
need
80,
but
then
these.
B
B
Community
has
a
chance
to
elect
who's
on
the
board
and
he
also
cannot
unilaterally
determine
the
terms,
duties
and
powers
of
the
board
members.
So
that
is
something
that
still
there's
power
of
the
membership.
The
entire
membership
of
the
community
that
still
have
some
kind
of
power
over
the
hoa
board
is
so
they
can't.
A
B
A
regular
lot
number
can't
go
in
and
kind
of
force
you
to
vote
a
certain
way,
but
they
can
still
have
the
power
to
decide
who
gets
to
make
the
decision.
So
it's
a
little
bit
like
city
council
right
if
council
person
so
and
so
is
voting
in
a
certain
way,
and
you
don't
like
it.
So
you
organize
people
to
vote
or
you
get
find
another
candidate
and
you
vote
for
that
candidate
and
you
get
that
person
into
the
city
council
same
thing
with
the
hoa
board.
B
So
what
does
corporate
governance
mean?
So
you
are
an
hoa
board,
you're
governed
by
not
only
the
pca,
the
planned
communities
act
but
you're
also,
particularly
if
you
started
after
1999,
you
are
covered
by
55a
of
the
nonprofit
act.
So
not
the
55a
nonprofit
act
basically
puts
on
to
the
board
of
directors
of
nonprofits
fiduciary
duties
and
to
govern
the
nonprofit
and
so
corporate
governance.
And
what
we
can
talk
about
is
a
structure
that
holds
a
non-profit
accountable
for
responsible
ethical
behavior.
B
So
this
is
why
it's
so
key
that
you
have
to
educate
and
you
have
to
train
directors,
because
it's
the
engine
that
really
moves
the
hoa
it's
the
engine
that
moves
almost
pretty
much
all
non-profits,
and
so
it's
the
board
of
directors,
role
and
legal
obligation
under
our
state
law
to
oversee
the
administration
and
management
of
the
non-profit
and
to
sure
it
fulfills
its
mission.
So,
generally
speaking-
and
this
is,
this
slide-
is
more
attuned
to
a
typical
non-profit.
B
But
typically,
the
board
does
not
execute
day-to-day
management
of
the
non-profit,
and
these
are
probably
delegated
to
a
property
management
firm
for
your
hoa
in
a
non-profit.
It's
a
dedicated.
You
know
when
I
was
executive
director
of
the
community
action
agency.
I
had
a
board
of
directors
and
they
hired
me
to
manage
the
you
know
the
entire.
You
know
300
employees
and
all
of
the
all
our
programming
and
grant
funding
in
your
situation
as
a
board.
B
A
B
B
B
But
basically
the
duty
of
care
is
is
that
you
have
to
show,
as
a
director
under
the
north
carolina
law,
that
you're
meeting
a
fiduciary
duty
care,
and
these
are
way
you're
doing,
that
is
by
attending
meetings
by
developing
plans
and
budgets
by
demanding
a
reasonable
standard
reporting
control.
Reading
reports,
paying
attention
to
problems,
raising
reports,
responding
to
repeated
warnings
from
volunteers
or
staff,
basically,
the
duty
of
care
is
it's.
It's
like
like.
Like
a
parent,
you
know
a
parent-child
relationship.
B
B
B
B
It's
a
tough
job,
you're
being
asked
for
and
so
the
duty
of
loyalty.
So
that
was
the
duty
of
care.
We
have
the
duty
of
loyalty.
I
highlighted
this,
the
the
second
bullet,
which
is
basically
recognize
and
disclose
conflict
interest
again
the
duty
of
care,
the
duty
of
loyalty
to
duty
obedience,
the
fiduciary
duties
of
a
non-profit
board
member.
That's
almost
that's!
B
Your
duty
of
loyalty
is
that
you
put
the
interest
interested
hoa
ahead
of
your
own
interest,
whether
they
are
your
or
or
your
family,
member
or
a
business
partner,
and
so
when
I
highlight
this
notion
of
recognizing
disclosed
conflict
of
interest.
Is
that
a
lot
of
people
join
boards,
whether
they're
non-profits
of
maybe
thinking
they
can
make
do
some
business
and
that's
not
the
right
way
of
going
about,
because
you
have
a
duty
of
loyalty
to
the
non-profit,
and
so
you
can't
use
it
to
make
a
buck.
B
That's
basically,
in
a
in
a
nutshell,
is
that
is
that
if
the
hoa
is
going
to
do
business
and
it's
your
cousin's
car,
why
I
mean?
I
don't
know
if,
if
it's
here,
if
the
hoa
is
going
to
do
business
and
they're
going
to
hire
a
property
manager
and
the
property
manager
happens
to
be
the
spouse
of
someone
on
your
door
to
directors,
that's
a
conflict
of
interest.
Now
that
doesn't
mean
it's
a
bad
conflict
adventure,
not
all
conflicts
of
interest,
bad,
but
it
has
to
be
disclosed.
B
B
Even
obedience,
basically,
is
that
the
nonprofit
obeys
applicable
laws
and
regulations,
so
you
obey
55a
in
the
nonprofit
gap,
you
have
to
obey
the
plant
communities
act.
You
also
have
to
obey
whatever
is
in
the
bylaws,
and
you
have
to
obey
whatever's
in
the
ccr's,
so
you
can't
turn
a
blind
eye
if
you're,
if
you're,
if
your
covenants,
you
know
conditions
and
restrictions,
say
this,
you
have
to
do
it
now.
If
you
don't
like
it,
then
you
have
to
get
whatever
you
have
to
follow.
B
Whatever
mechanism
there
is
to
change
it,
but
you
can't
just
turn
a
blind
eye
to
it
and
and
and
not
follow
it.
That's
your
duty
of
obedience
is
that
you
have
obedience
to
these
laws
and
regulations
these
bylaws
and
such
unless
they
change.
Unless,
unless
the
legislature
like
you,
know,
revoke
certain
parts
of
it,
you
have
to
follow
it.
B
All
right
so
part
of
your
duty
of
care
and
also
part
of
the
pca,
that
the
planned
communities
act
demands
is
that
you
got
a
budget
just
like
city
council
got
to
make
a
budget
and
they
asked
the
city
manager
to
come
up
with
a
budget,
and
then
they
vote
on
the
budget
for
the
fiscal
year
ahead.
Similarly,
the
hoa
needs
to
create
a
budget,
and
so
the
hoa
directors.
You
show
your
duty
of
care.
B
A
B
Like
being
a
miniature
government,
we
you
have
got
together
and
you
have
created
a
budget.
Here's
what
we
need
to
raise
here,
our
revenues,
here's
what
we're
going
to
spend
on
we're
going
to
spend
on
the
pool
we're
going
to
put
this
much
on
the
road
we're
going
to
do
this
on
the
lights
and
then
you've
got
to
tell
your
citizens
the
hot
the
lot
owners,
what
you're,
what
you're
doing
for
it
and
it's.
So
it's
basically
have
to
provide
a
summary
of
the
budget
and
the
notice.
B
Is
to
consider
ratification
budget
and
it
can't
be
less
than
10,
but
it
can't
be
more
than
60
days
and
they
have
to
be
mailed
off
it.
It
mailed
off
the
summary
and
the
notice
to
the
lot
owner.
So
there's
a
lot
of
legal
sort
of
things
and
hopefully
and
again
when
we
talk
about
your
property
management
group,
hopefully
you've
got
a
group
that
knows
how
to
do
all
of
these
things,
because
and
they
know
how
to
follow
these
laws,
because
you
know
a
homeowner
says
you
know
what
I
got
my
notice.
B
They
come
to
the
come
to
your
budget
ratification
meeting
and
said
you
know
I
didn't
get
this
until
70
days
after
you
know,
I
think
so.
It
was
you're
out
of
your
you're
violating
law,
and
I
I
I
oppose
this
meeting.
You
can
see
people
kind
of
using
the
law
to
kind
of
muck
up
things,
and
so,
and
so
this
is
the
budget
process
again.
You
know,
I
would
just
say
that
that
that
it
is
a
duty
of
the
the
board
to
to
go
through
this
process,
not
just
from
the
act.
B
The
55a
nonprofit
act,
but
also
from
the
pca,
the
planned
communities
act
that
that
creates
this
duty,
so
the
bylaws.
So
again,
I
think
we
saw
an
earlier
slide
on
the
bylaws
again
they're
the
constitution
of
the
hoa,
but
the
the
pca
also
tells
you
what
your
your
bylaws
have
to
have,
and
so
the
pca
is
what
tells
your
bylaws
to
have
a
number
provides
for
number
of
executive
board
and
the
titles
of
officers,
the
election
qualifications,
which
powers,
if
any,
a
method
of
amending
the
bylaws.
B
So
in
this
regard,
your
bylaws
answer
these
questions
about
how
to
amend
your
own
bylaws,
which
officers
may
prepare
and
execute
certify
or
record
amendments
to
your
ccr.
So
you
get
copy
your
bylaws
and
again
like
to
that.
One
question
I
saw
about:
can
we
have
virtual
meetings?
You
got
to
look
at
manner
of
meeting
and
if
it
says
you
know,
if
it
allows
for
meetings,
then
then
you
can
have
it.
B
B
You
probably
just
need
four
people
in
a
quorum
to
vote,
to
amend
the
bylaws,
or
do
you
need
51
of
the
entire
lot
group,
which
I
think
would
be
a
little
bit
more
of
a
of
an
issue,
but
I
think
those
are
so.
Those
are
key
is
understanding
your
bylaws,
so
let's
go
into
upkeep
of
the
community.
Now
we're
going
to
go
deeper
into
what
the
pca
kind
of
demands
of
of
you
as
an
hoa
board.
So
the
pca
deals
with
two
related
topics:
upkeep
of
the
hoa
community.
B
So
that's
one
of
your
roles
and
responsibility
and
assessment
for
damages,
so
somebody
damages
common
property.
You
got
to
find
them.
You
got
to
do
something
about
it.
I've
highlighted
some
of
these
areas
because
I
can't
I
don't.
I
can't
go
through
every
single
bullet
point,
but
the
hoa
through
the
hoa
board
is
responsible
common
elements.
B
So
the
ccrs
will
typically
tell
you
what
are
the
common
elements
that
the
hoa
is
responsible
for,
so
it
could
be
a
swimming
pool
or
streets
or
street
lights,
or
if
you
have
a
clubhouse
or
or
landscaping
duties
for
the
common
areas,
and
so
those
are
those
are
some
of
the.
So
that's
kind
of
one
of
the
things
is
that-
and
I
know
that's
probably
one
of
those
issues
that
even
local
governments
deal
with
infrastructure
issues.
B
You
know,
there's
you
can
drive
to
some
of
the
towns
in
north
carolina
where
they're
very
small
and
they
have
a
very
small
tax
base
and
you
hit
a
lot
of
holes
as
you
go
over
the
roads.
You
go
through
a
city
as
rich
as
charlotte,
maybe
not
so
many
holes,
but
you
go
through.
I
don't
know
you
go
through
montgomery
county
or
something
like
that.
B
You
might
find
a
few
holes
right
because
there's
a
they
have
less
taxing
ability
because
they
have
less
people
and
they
have
less
people
with
means
to
pay
the
taxes
than
a
community
like
charlotte,
and
I
think
again,
that's
pca
gives
you
the
power
to
assess
the
lot
owners.
So
you
can
raise
the
money
to
be
able
to
do
these
upkeeps
of
the
common
areas,
responsibility
and
assessment
for
damage
to
hoa
property.
B
So
the
pca
makes
lot
owners
legally
responsible
for
damage
to
the
common,
whether
or
not
that
damage
is
covered
by
insurance
provided
by
the
hoa.
So
I
asked
you
earlier:
do
you
have
insurance
police
in
particular,
because
you
know
you
still
have
the
ability
to
whether
you
know
and
I'm
sure
your
insurance
company
would
say
well
so-and-so
drove
their
car
into
our
clubhouse.
B
B
If
somebody
drives
their
car
into
the
clubhouse
or
something
you
have
to
have
create
an
adjudicary
panel
and
a
hearing
process,
but
the
idea
is
that
the
dispute
should
be
handled
in-house
before
it
goes
to
court
again.
If
you
have
either
party,
isn't
happy
with
that,
whether
you
aren't
happy
with
the
hoa
board,
isn't
happy
with
it
or
the
lot
owner
isn't
happy,
then
they
can
take
the
court
dispute
to
court.
But
the
idea
is
that
you
try
to
handle
it
in
house
and
there's
a
and
there's
a
process
there.
B
So
you
get
again,
you
get
really
the
idea
that
this
is
like
this
miniature
miniature
government.
So
we
did
talk
about
the
the
board
and
we'll
go
back
to
the
board
in
a
little
bit.
But
you
also
need
to
remember
that
there
is
a
entire
population
which
is
the
entire
hoa
and
so
as
the
board
of
directors
of
the
hoa.
B
B
So
the
pca
states
that
a
quorum
of
10
of
the
votes
that
may
be
cast
for
election
of
the
executive
board
and
as
for
quorum
for
hoa
board
meetings,
a
quorum
is
deemed
present
if
persons
to
cast
50
percent
of
the
votes
on
the
board
of
president
beginning.
Basically,
you
got
50
51
of
the
people
on
your
boards
with
the
third
bullet
basically
says:
if
you've
got
nine
people
on
your
on
your
board,
if
you
get
five,
people
to
show
up,
you've
got
a
quorum.
B
So
if
you
have
to
have
elections
for
for
the
hoa
board,
if
10
of
the
people
eligible
to
vote
show
up-
or
maybe
your
bylaws
allow
for
them
to
to
vote
by
mail
or
something
if
enough
of
that
is,
if
that
low
threshold
of
10.
So
if
you
had
100
houses,
you
got
10
people
to
answer
11
people
answer,
then
it's
valid.
So
that's
so
that
that's
good,
because
again
most
quorums
are
51
and
but
the
law
itself
sets
decorum
for
these
entire
means
at
10.
B
So
you
can't
hit
10
percent.
That's
that's
tough!
That's
hard,
but
you
know
that's
probably
a
sign
that
you've
got
some
real
problems
if
you
can't
get
10
of
the
people
together
on
anything
insurance.
So
remember
again,
I
said
one
of
the
things
that
you
had
to
compile
as
a
board.
Member
are
all
your
insurance
policies,
because
the
pca
contains
insurance
guidance
and
requirements
for
your
hoa.
So
it's
not
necessarily
a
luxury
to
have
insurance.
You
know
it's,
not
it's.
B
The
pca
does
mandate
available
property
and
liability
insurance
are
required
to
be
obtained
by
the
by
the
no
later
than
the
first
time.
No
later,
in
the
first
time,
the
house
are
sold
by
the
developer
and
then
property
insurance
at
80
of
replacement
cost
is
maintained
for
the
common
elements.
So
what
are
the
common
elements?
Your
ccr's
will
tell
you
what
your
com
and
then
you
gotta,
look
at
your
insurance
policies
and
see.
Okay,
so
do
our
insurance
policies
cover
what
are
listed
as
common
elements
in
our
ccr's
and.
B
At
least
that's-
and
I
would
say
that
if
you
are
shopping
around
for
insurance,
which
you
should
be
always
is
that
is,
you
should
at
least
work
with
a
broker
the
board,
or
maybe
your
property
management.
But
they
should.
You
should
work
with
a
broker
who
is
experienced
in
writing
insurance
policies
for
hoas,
and
I
can
and
the
whole
topic
of
risk
management
for
hoas
or
for
any
organizations
a
whole
other
topic.
B
But
typically,
that's
if
you
also
have
employees
a
lot
of
times,
but
that's
something
that
somebody
who
writes
insurance
in
the
homeowner
association
universe
would,
you
know,
would
know-
and
so
again
my
tip
here
compile
all
of
the
insurance
policies
and
make
sure
they're
current,
because
if
you
get
them
all-
and
it
says,
okay-
we're
insured
from
115
through
12
31
16
like
well,
that's
like
five
years
ago.
That's
that's.
B
That's
been
void
for
a
long
time,
so
you
want
to
make
sure
that
you've
got
the
insurance
policies
and
then
make
sure
that
the
insurance
policies
cover
what
they're
supposed
to
cover
and
those
are
your
common
elements,
and
you
know
what
your
common
elements
are.
If
you
look
up
the
com,
what
the
common
elements
are
are
in
your
ccr's
and
so
now
we're
getting
into
some
of
those
real
heavy
duty
powers
that
an
hoa
board
has
that
no
other
we're
talking.
Some
of
this
is
assessments
for
common
expenses.
B
B
B
B
A
B
A
homeowner
association's
going
crazy,
taking
people's
houses
for
failing
to
pay
five
dollars
in
a
for
a
lot
assessment,
or
something
like
that.
You
don't
want
to
be
in
the
news
for
that
right
so,
but
this
is
a
power
that
you
have
based
on
the
pca
and
that
is
to
lean
somebody's
property
for
not
paying
their
tax
for
not
paying
their
assessment.
B
So
if
a
lot
owner
is
not
paying
their
assessments,
their
share
of
what
is
necessary
for
the
common
upkeep
of
the
common
elements
of
your
planned
community,
they
are
delinquent
and
the
pca
allows
the
homeowner
association
to
foreclose
a
clean
in
a
like
manner
as
a
mortgage
or
deed
of
trust
on
real
estate
under
power
sale.
Now
there
are
two
ways
in
north
carolina,
there's
the
power
and
then
there's
a
judicial
foreclosure.
B
I
would
just
say
that
it's
a
lot
easier
to
foreclose
based
on
power
over
sale.
A
judicial
foreclosure
is
a
little
bit
harder.
It's
a
little
bit
harder
to
happen.
But
again
I
would
say
this
caution.
Is
that
any
time
that
you
start
thinking
about
assessing
a
lien
or
anything
to
get
legal
advice?
Because
there
are
numery,
numerous
statutory
steps
required
before.
B
B
Then
you
can
utilize
the
the
lien
to
go
towards
the
power
of
a
sale
which
is
easier,
but
if
what
they
owe
the
hoa
is
solely
like
fines
like
oh,
they
didn't
take
out
the
trash
or
they
you
know
they
mow
the
lawn
and
eat
something
and
you
find
them
and
they
didn't
pay
them
or,
and
it's
the
interest
on
those
fines.
They
didn't
pay.
B
Or
you
know
you
had
to
get
a
lawyer
to
write
a
letter
to
them
and
now
that
you
know,
and
you
assess
that
the
lawyers
fees
are
part
of
that
you
have
to
you,
can't
you
can't
use
the
you
can't
foreclose
by
a
power
sale.
You
have
to
use
a
judicial
forwarder.
Obviously
it's
like
well.
What
does
that
all
mean?
That's
why
I'm
telling
you,
if
you
start
going
down
this
route,
you
definitely
need
to
to
look
into
getting.
This
is
not.
B
So
let's
say
it's
march
5th
that
can
that
will
then
constitute
a
lien
on
that
property,
so
that
amount
of
money.
So
that's
a
lien.
So
if
the
let's
say
the
assessment
is
five
dollars
and
they
didn't
pay
it.
So
it's
a
500
lien
and
then
you
would
have
to
go
and
record
that
with
the
clerk
of
superior
court
in
mecklenburg
county
now,
the
catch
here
is
prior
to
taking
that
lean
for,
say,
500.
B
most
times,
people
wait
a
couple
years
so
that
fatter
than
five
you
know
it's
gonna,
be
a
lot
more
but
prior
to
filing
the
lien.
The
hoa
must
make
diligent
and
reasonable
efforts
to
ensure
that
it's
wrecked
has
the
lot
owner's.
Current
mailing
address,
so
you
can
kind
of
start
seeing
if
you
don't
have
someone's
current
mailing
address,
then
they
may
have
a
defense
saying
you
didn't
get
me.
You
know
you
went
and
you
put
a
lien
and
then
you
foreclosed
on
my
house
and
you
didn't.
B
B
B
So
I
did
look
up
and
I
saw
a
case
where
the
hoa
did
send
by
first
class
mail,
but
the
person
was
doing
missionary
work
in
like
somewhere
in
africa,
asia
and
and
and
that
person
came
back
and
the
house
got
foreclosed
and
said:
wait,
wait!
Wait.
They
had
my
email
address,
they
should
have
sent
it
to
my
email.
Now,
obviously
the
law
didn't
say
email,
but
then
the
judge
was
like
you
know.
I
think
that
was
reasonable.
B
If
you
had
their
email,
you
only
sent
it
first
class
mail,
so
you
didn't
do
it
right
now.
You
owe
this
person
money
for
foreclosing
on
their
house
and
selling
away
yeah,
that's
bad!
So
that's
that's!
Why
I'm
telling
you
that
there
are
that
these
are
it's
a
process
that
I
think
that
you
would
and
here's
the
thing.
B
If
you
have
an
attorney
doing
it,
they
screw
it
up
it's
on
their
malpractice,
so
yeah,
I
think
it'd
be
better
that
sometimes
it's
if
you're,
if
you're
going
to
make
these
type
of
decisions,
it's
worth,
you
know
paying
for
those
professionals
that
that
can
do
it
because
you
don't
want
to
have
it
come
back
on
you
and
you
think.
Well,
you
know
we
had
the
we
had
to
have
it
sold
to
satisfy
this
lien,
but
you
end
up
selling
somebody's
entire
house
or
something
like
that
they
come
back
on.
B
You
can
be
bad
if
you
didn't
do
it
by
the
right
steps
getting
there
if
the
lot
owner
is
a
corporation.
So
many
of
you
I
know
this
was
we
had
a
a
focus
group,
but
many
folks
were
we
had
a
lot
of
institutional
investors
in
our
neighborhood.
Well,
most
of
these
folks
are
corporations
or
llcs
statements
should
be
sent
first
class
to
the
registered
agent.
Well,
how
do
I
know
who
the
registered
agent
is?
B
You
can
find
out
in
the
secretary
of
state's
website,
because
in
the
articles
of
incorporation,
I
remember
those
things
that
I
told
you
about.
You
have
to
list
who
your
registered
agent
is,
if
you're
a
corporation,
and
so,
if
you
ever
want
to
know
who
to
send
the
mail
to
to
get
to
the
to
get
to
the
person
who
owns
the
llc.
B
Look
them
up.
I
mean
assuming
that
they're,
a
north
carolina
llc
if
they
are
from
out
of
state
you'd,
have
to
go
to
their
secretary
of
state,
and
so,
like
I
said,
north
carolina
is
very
good
about
giving
you
information,
but
some
states
aren't.
Some
states
will
barely
tell
you
the
name
of
the
company
and
they
won't
tell
you
anything
else
beyond
that
and
then,
of
course,
after
filing
the
lien
with
the
clerk.
B
B
If
enforcing
the
lien
number
one
check
the
ccrs
again,
that's
why
you've
got
to
pull
those
ccr's
and
see
if
the
hoa
is
entitled
to
reasonable
attorney's
fees,
to
enforce
provisions
of
the
bylaws
ccr's
or
duly
adopt
the
rules
and
regulations.
So
that
means
that
if
someone
is
delinquent
in
assessments,
look
in
your
ccr's
and
obviously
number
one
look
and
see
if
the
ccr
say
anything
about
chapter
47
f
plan
community
act,
they
should
and
and
then
look
for
us
a
clause
about
attorneys
fees.
B
And
if
those
ccr
say
the
hoa
is
trying
to
enforce
any
provision
of
the
ccrs
and
remember
assessments
are
in
the
ccr's.
Then,
if
they
are,
they
have
prevailed,
they
will
be
allowed
to
get
attorneys
fees.
Everybody
who
moves
in
remember
the
ccr's
run
with
the
land.
So
if
that
lot
owner
moved
in
that
idea
of
attorneys
fees,
they
inherit
that
so
you'd
want
to
look
at
that,
because
I
think
it
would
be
easier
to
get
an
attorney
to
assist
you.
If
your
ccr's
say
that
attorneys
fees
are
available
because.
B
You
know
victorious,
then
they
can.
You
know,
assess
that
person
for
attorney's
fees
and
get
paid
on
the
back
end
so
either
way
my
so
my
advice
is
to
get
an
attorney
to
assist
the
hoa.
Because
again
there
are
so
many
horror
stories
out
there
of
hoas
who
tried
to
do
a
self-help
approach
to
lean
enforcement
and
everything
going
sideways.
B
B
So
you
can
kind
of
tell
that
the
city
feels
very
strongly
about
this
by
having
this
programming,
because
it's
always
good
to
have
your
directors
trained
and-
and
hopefully
they
learn
enough
that
they
can
teach
the
next
group
of
directors,
because
there's
always
turnover
with
these
organizations.
People
move
away
for
that
matter.
You
know
so
always
have
a
mandatory
new
board
orientation.
B
If
you
can't
do
it
yourself,
then
maybe
hopefully
you
live
in
a
city
like
charlotte,
that
has
you
know
a
neighborhood
and
has
housing
and
neighborhood
services
that
you
know
is
willing
to
bring
in
you
know,
attorneys
or
consultants
to
help
with
that.
But
you
know
these
are.
These
are
very
necessary.
B
Articles
incorporation,
a
copy
of
corporate
bylaws
minutes
of
past
meetings,
I'll
talk
about
minutes
in
a
little
bit.
The
contract
with
the
property
management
company
should
be
in
that
book,
a
list
of
all
board
members
with
contact
info,
a
copy
of
the
recorded
ccrs
and
any
rules
and
regulations
the
hoa
community.
We
didn't
go
into
rules
and
regulations
of
the
hoa
community
because
those
things
can
change
so
much.
But
those
are
you
know,
that's
kind
of
that
whole
booklet.
That
says
the
pool
is
open
from.
B
You
know,
9am
to
5pm
when
it's
open,
you
know
those
sort
of
those
sort
of
those
sort
of
things,
but
it's
good
for
as
a
director
to
have
all
this
material
with
you.
Some
groups
are
becoming
much
more
virtual
and
they
have
like
a
drop
box
that
everyone
can
kind
of
access,
and
that
might
be
easier.
You
know
the
old
school
you
just
print
them
all
out.
B
B
How
to
make
your
board
meetings
more
efficient?
This
is
a
key
because
you're
all
volunteers,
no
one's
getting
paid
to
do
this.
So
it's
not
so
bad
meetings
drive
people
nuts,
so
all
directors
should
know
when
where
and
how,
because
your
time
is
precious,
so
meetings
really
should
be
short.
If
it's
one
hour,
it
should
be
one
hour
if
monthly,
1.5
hours
of
bi-monthly
remember,
board
meeting
is
about
making
decisions
for
the
future
of
the
organization,
and
so
you
know
and
we
go
into
different.
B
So
I
know
there's
nothing
in
not
in
the
law
about
the
importance
of
a
board
chair,
but
I
would
say
that
a
board
chair
really
if
the
board
itself
is
the
engine
of
the
organizat,
the
board
chair
is
the
engine
of
the
ho.
So
I
think
that's
so
if
you
are
a
chair,
you've
got
some
extra
sort
of
responsibilities
or
expectations.
B
What
are
corporate
formalities
you
are,
since
you
were
formed
under
55a
of
the
non-profit
act,
it's
a
legal
fiction,
so
you
make
decisions
and
take
actions
by
written
resolution
voted
upon
and
recorded.
So
this
is
about
those
minutes.
A
non-profit
must
keep
a
record
of
all
meetings
and
actions
taken
by
the
board
of
directors.
These
are
called
minutes,
so
your
board,
when
you
meet,
should
be
taking
minutes
and
records
of
your
actions
that
you
take
as
a
collective
board.
So
corporate
resolutions
to
act
and
you'll
have
access
to
this
stuff.
B
So
don't
don't
worry
about
writing
this
all
down
or
something
but
again,
a
resolution
is
the
only
way
a
corporation
or
a
non-profit
can
take
action.
So
what
does
that
mean?
A
resolution
to
take
corporate
action
can
be
approved
when
there's
a
quorum,
so
you
have
to
have
a
quorum
and
when
your
board
is
meeting
for
you
to
take
any
kind
of
action,
you
got
to
make
sure
you
have
a
core
and
that's
usually
half
plus
one
right
and
then
once
you
have.
B
The
resolution
must
be
voted
upon
by
the
quorum
and
recorded
in
the
minutes
and,
as
I
talked
to
you
earlier,
when
that
resolution
is
made,
it's
a
good
time
to
declare
potential
conflict
before
the
vote
occurs.
Remember
I
talked
about
that
duty
of
loyalty
right.
So
if
the,
if
the
corporate
action
on
the
table
is,
we
want
her
abc
property
management
and
your
spouse
is
standing
right
there
and
they're
the
president
of
abc
property
management.
B
B
Here's
how
we
inoculate
here's,
how
we
keep
our
we
keep
our
disinterested
directors,
those
who
don't
have
a
tie
to
the
person
here
and
the
director
and
we
quarantine
the
other
directors
who
do
have
a
connection
to
the
spouse
over
there
from
xyz
property
management
and
and
so
we
can
vote
and
see
whether
this
is
the
best
interest
of
the
organization
or
not.
But
that
would
be
the
way
corporate
resolutions
act
and
so
how
to
pass
a
resolution.
B
So
there's
a
little
bit
of
robert's
rules
here,
but
the
resolution
would
be
a
short
description
of
the
action
the
corporation
wants
to
take.
So,
let's
say:
there's
no
conflict
there
and
we
just
have
xyz
property
management.
So
you
said
it's
a
board.
Chair
will
say.
I
would
like
to
have
a
put
forward
resolution
that
we
terminate
the
agreement
with
abc
property
management
and
we
we
will
then
take
on
ize
property
management
as
our
new
property
manager
and
a
director.
B
I
second
that
motion
and
the
board
should
vote
on
the
resolution
and
any
abstentions
or
no
votes
should
be
recorded,
and
if
there
were
anyone
who
would
potential
conflict
that
should
be
written
in
your
minutes
to
inoculate
to
protect
yourself
from
any
kind
of
oh
well.
If
so-and-so
his
you
know,
wife
is
running
the
property
management.
At
least
you
have
it
in
minutes
that
protects
you
saying.
B
Well,
all
the
people
who
were
you
know
involved,
took
themselves
out
of
the
equation
and
the
people
who
didn't
have
any
connections
made
a
decision
and
said
you
know
what
they're
the
best
property
management,
town,
they're,
cutting
us
a
much
better
deal
than
anybody
else.
We
went
to
four
other
firms
they're
much
more.
They
have
much
better
track
record.
We
talk
to
other
hoas
in
town
and
we're
going
with
them,
but
you
can't
have
the
people
who
are
connected
to
that
firm
making
that
vote.
B
So,
that's
that's
what
that
you
violate
your
duty
of
loyalty
and
that's
why
I
have
to
have
a
conflict
of
interest
so
how
to
keep
minutes,
and
I'm
going
to
be
real,
quick
here.
This
real
so
time
date
and
place
names
of
those
present
a
resolution
adopting
the
previous
meetings
minutes
and
then
a
record
of
all
resolutions
pass.
That's
all
you
need,
because
too
many
groups
nonprofits
treat
minutes
like
it's
a
transcription
of
the
entire
meeting.
B
You
travel
from
a
liability
standpoint,
and
so
you
just
imagine
if
you
treated
your
board
meeting
as
an
entire
transcript
and
that's
all
you
wrote
your
minutes
and
you
ensued,
and
somebody
said
something
quasi-discriminatory
about
the
property
management
or
something
like
that.
That
would
not
be
good,
so
you
just
want
to
keep
a
copy
go
with
this
property
management
firm,
not
that
they
looked
or
sounded
or
acted
a
certain
way
and
a
sign-in
sheet
and
generally
recorded
by
the
board
secretary
and
again
keeping
minutes
shows
the
board
is
fulfilling
your
fiduciary
duties.
B
So
when
properly
drafted
minutes
demonstrate,
the
board
is
fulfilling
its
corporate
fiduciary
duties
and
applying
with
other
corporate
law
requirements.
Important
legal
documents
must
keep
them
following
that
director's
book,
or
in
that
director's
dropbox
file.
You
should
have
all
the
minutes
that
are
adopted
and
then
again.
Failure
to
regularly
record
minutes
of
corporate
meetings
is
a
basis
for
piercing
the
corporate
veil.
You
don't
want
that,
and
so
we
are
done.
That's
a
little
under
an
hour
and
20
minutes
of
just
full
solid
education.
B
So
I
think
we
can
now
go
into
our
questions
here.
I
see
here,
okay,
so
I
said
one
question
here:
james
hicks.
Hopefully
you
can
address
how
best
to
have
virtual
annual
meeting
and
how
to
properly
conduct
a
written
ballot
for
new
board
candidates.
So
again
in
that
hold
on
a
second
here.
Did
he
write
something
else
here?
Okay,
all
right!
Let
me
just
see
here
so
again:
a
lot
of
stuff
about
voting
is
going
to
be
found
in
your
bylaws,
and
so
many
bylaws
didn't
didn't
address.
B
B
And
you
have
to
kind
of
kind
of
bear
with
me
on
this,
but
I
can
I
can
I
can
get
with
michelle.
Get
this
governor
cooper
did
put
out
an
order,
things
for
annual
for
membership
organizations
like
an
hoa
or
you
know,
like
a
you
know,
some
of
these
larger
non-profits
that
have
memberships
where,
obviously
it
would
be
a
really
terrible
thing
to
have
all
these
people
show
up
in
some
contained.
You
know
auditorium
to
to
vote
on
on
on
matters,
and
so
he
did
have
it
where
you
could
have
virtual.
B
He
didn't
address
virtual
board
meetings,
but
he
did
address
virtual
annual
membership
meetings
and
I
know
it
was
running
for
at
least
90
days.
I
I
mean
again,
I
don't
mean
this
because
we're
still
technically
in
a
state
of
emergency.
I
don't.
I
would
not
see
governor
cooper
rescinding
that
if
anything,
he
would
just
renew
that
type
of
act
about
having
annual
virtual
meetings
and
then
how
to
properly
conduct
a
written
ballot.
B
B
If
they're
not
in
your
bylaws,
they
will
be
in
55a
of
the
north
carolina
general
statute.
So
that's
what
I
would
do.
I
would
look
in
that
area.
First
is
an
hoa's
mission.
Written
into
the
articles
of
let
me
see
here
is
an
hoas
mission.
This
is
from
dan
and
he
says,
is
an
hoas
mission
written
into
the
articles
of
incorporation.
B
This
question
live:
okay,
okay,
so
so
yeah,
typically
a
mission
statement.
You
know-
and
that's
usually
with
you
know,
most
of
your
sort
of
like
public
servicing
non-profits
will
have
a
nice.
You
know
mission
statement,
but
I
I
don't.
I
don't
see
many
non-profits
putting
their
mission
statement
in
their
articles
of
incorporation.
You
can.
I
wouldn't
necessarily
suggest
it
because
kind
of,
like
your
ccr's
and
articles
and
corporation
are
kind
they're
they're
a
little
bit
more
difficult
to
to
amend.
B
So
if
you
wanted
to
change
your
mission,
you'd
have
to
pay
some
money
to
the
secretary
of
state
and
amend
your
article
as
an
incorporation.
My
advice
would
be
to
you
know.
If
you
have
a
mission
you
can
put
in
your
bylaws
and
then
it's
a
little
bit
easier
to
change
it.
Should
your
mission
change
so
all
right.
A
B
Okay,
and
then
I
see
carmen
has
some
questions
here.
If
you
have
a
board
meeting
and
no
resolutions
are
propos
is
just
having
attendees
enough.
I
mean
it's,
it's
almost
one
of
those
questions
like
does.
If
a
the
tree
falls
in
the
forest
and
no
one's
there,
does
it
fall
in
I
I
I
mean
you
can
have
a
board
meeting
and
no
resolutions
are
proposed.
I
mean
again,
you
would
just
have
a
you
would
have
you
know.
B
You'd
have
your
names,
everyone
there
remember
like
the
things
I
had
on
the
minutes,
everyone
there.
You
would
at
least
take
action
on
the
last
minutes
right,
so
you
would
at
least
maybe
adopt
the
meet
the
minutes
of
the
last
meeting.
But
if
no
actual
resolutions
were
proposed,
then
I
mean,
in
my
opinion,
that's
all
you
probably
would
have
is
that
we
met.
Maybe
you
would
have
eating
started
at
six
ended
at
six
fifteen.
B
You
know,
I
would
say
this
about
minutes
is
less
is
more
in
my
opinion
is
again.
I
think
that
you
get
you
can
get
into
trouble.
If
you
turn
your
minutes
into
transcriptions,
I
mean
I've
been
in
groups
where
somebody
shows
up
with
a
tape
recorder.
I
never
really
think
that's
a
great
idea,
because
that
could
be
evidence
at
some
point.
You
know,
and
so
I
I
think
that
less
is
more.
B
So
it's
just
having
attendees
enough,
I
mean
yeah,
I
mean
yeah,
I
mean
I
again.
I
think
that
maybe
if,
if
no
other
resolution
beyond
adopting
your
previous
minutes,
I
think
you're
I
mean
they'll
get
it.
So
our
hoa
provides
water
service.
Oh
boy,
it's
serious.
Can
the
bod
cut
off
that
service
if
the
property
owner
has
not
paid
all
right,
so
I
think
that
situation
you
got
to
double
check
your
your
ccr's
and
and
see
again.
B
B
You
can
see
where
I
see
where
going
with
it.
I
I
will
probably
hold
off
on
giving
any
kind
of
advice
on
on
that
without
knowing
more
about
that
particular
situation
again,
I
think
you're
asking
some.
Those
are
those
tough
questions,
but
I
think
that
that
the
bare
minimum
you
need
to
kind
of
double
check
your
ccr's
and
see
what
and
which
and
what
you
are
actually
allowed
to
do
because
again
remember
that
hierarchy,
the
pca
then
the
ccr.
So
I
would
look
at
the
the
ccr's.
B
It
may
have
an
answer
for
you.
There
asks
if
our
hoa
assessment
is
due
annually,
not
monthly
yeah.
A
lot
of
them
are
like
that
and
we
need
to
assess
a
late
fee.
Can
you
explain
how
that
is
done
if
someone
is
say
six
months
late,
so
I
think
that
the
question
here
is
number
one.
I
guess
I
always
say
go
back
to
your
ccr's
and
but
I
do
remember
that
the
pca
does
say
that
I
do
believe
that
late
assessments
can
have
an
18
late
charge
on
them.
B
So
remember
that
go
to
47f
and
I
think
it's
section
three
so
go
back
to
section
three
and
and
look
at
those
powers
that
that
law
gives
you
and
that,
in
conjunction
with
your
ccr's-
and
you
know,
I
think
that
you'd
be
able
to
calculate
you
know
again
if
it's,
if
it's
yearly
and
they
didn't
pay,
but
then
there's
18,
I
don't
know
it
may
very
well
just
be
18
percent
of
whatever
their
you
know
their.
They
they
owe
whatever
it
is.
B
B
What
I
mean
by
that
is
these
are
some
documents
that
a
lawyer
can
draft
up
that
so
they
treat
it
as
a
debt.
So
if
someone
is
two
or
three
grand
deep
in
assessments,
but
he
said-
oh,
you
know
I
just
got
a
job
and
get
you
back
all
right,
so
you
set
up
a
promissory
note.
I'll
pay.
You
x
amount
every
month
and
that's
the
promissory
note.
But
then
you
have
something
called
a
confession
of
judgment
that
they
sign
off
on
that.
If
they
do
miss
it
you
they
confess
judgment.
B
You
can
file
the
confession
of
judgment
in
the
court.
You
have
to
have
the
hearing
and
then
you
can
go
ahead
and
start
the
collection
process
on
them.
So
I
mean
there
are
some
tips
to
you
know.
I
think
in
that
regard,
if
you've
got
people
who
are
real
deep
in
their
assessments,
it
wouldn't
hurt
to
talk
to
maybe
some
attorneys,
who
kind
of
focus
on
collection,
work
and
see.
If
you
can
try
to
work
out,
you
know
something,
but
it's
better
to
get
something
than
nothing
from
people.
B
That's
my
opinion
just
because
you
know
some
of
the
some
of
the
the
liens
and
stuff.
Those
are
some
pretty
harsh.
You
know
harsh
things
and
if
you
can
kind
of
figure
out
a
way
to
work
with
people,
but
but
have
that
hammer
of
the
confession
of
judgment
you
know
so
if
they
missed
just
be
owed
the
money
right
away
with
no
fight
in
a
court
that
would
be.
That
would
be
something
all
right
prior
question
in
getting
whether
you
can
charge
monthly
late
fees
for
an
annual
assessment.
B
B
I
know
that's
where
the
18
late
fee
language
is,
and
you
know
I
think
that
that
that,
but
I
don't
from
what
I've
read
it
doesn't
appear
that
you
cannot
have
late
fees
just
like
rent,
you
can
have
late
fees.
You
know.
I
think
that
that
that
see
where,
where
you
could
put
those
in
and
so
that's
again
that's
kind
of
one
of
the
things
you
have
to
get
back
to
those
those
foundational
documents,
and
I
think
that
answers
in
your
ccr's
do
board.
B
I
think
it
comes
back
to
your
ccr's
and
what
what
they
state
and
but
my
understanding
it
seems
that
it's
be
highly
irregular
to
have
someone
who
isn't
a
member
of
the
community
be
on
the
board,
because
it
typically
is
people
who
vote.
I
mean
I'm
only
saying
that
from
my
experience
with
it,
but
I
would
say
that
you
need
to
definitely
check
the
the
the
ccr's.
B
That's
the
declaration
of
you
know,
covenants
conditions
and
restrictions
and
I'm
sure
that
there
would
be
some
kind
of
discussion
who
can
be
on
the
board.
Also
look
at
the
pca,
because
the
pca
has
a
language
about
board
members
as
well.
I
so
as
far
as
do
they
have
to.
I
don't
have
the
law
on
me
right
now,
but
I
would
that's
what
I
would
my
analysis
would
start
there.
B
So
I
see
a
question
here
and
only
18
percent
can
be
charged
administrative
or
processing
fees.
The
18
works
out
to
be
less
than
a
cup
of
coffee
isn't
worth
the
time
of
sending
a
letter
by
a
volunteer
board
member.
We
have
the
management
company
yeah
I
mean
so
so
yeah.
I
think
that
that
is
one
of
those
there's,
those
tough
situations.
Again,
you
know
you're
if
no
administrating
or
or
processing
fees
well,.
B
I
would
have
to
look
look
at
the
pieces.
Put
look
at
section
three
of
the
of
the
pca.
Again,
I
think
that
there
there
are
some
to
to
kind
of
char.
I
mean
I
know,
there's
got
to
be
some
kind
of
you
can
build
that
into
your
budget
and
your
administrative
in
your
fees
and
such
but
and
again
I
as
far
as
and
maybe
you're,
not
charging
enough
in
assessment
right.
So
it
looks
like
you're
saying
here:
18
of
our
assessment.
Isn't
enough,
go
and
see
what
you
have
to
do
to?
B
B
You
know
the
city
council
of
a
small
private
government,
so
that
may
be
something
you
have
to
to
look
into
is
adjusting
the
the
assessment
itself
upward
and
seeing
what
mechanisms
you
can
do
to
do
that
and
those
would
be
in
your
ccr's
what,
if
high
ranking
hoa
bonus
from
jennifer?
What
if
high
ranking
hoa
board
members
president
vice
president,
aren't
abiding
by
the
bylaws
but
are
constantly
enforcing
them
on
others?
What
can
the
board
members
do
to
remedy
these
issues?
Well,
so
there
are
to
number
one.
A
B
B
Carolina
non-profit
act
is
that
if,
if,
if
there
are
too
many
people
that
are
doing
things
on
the
board-
and
it's
it's
just
not-
you
know,
they're,
not
they're,
just
violating
all
kinds
of
things
you
know
you
have
one
option
is
that
is
that
you
have
to
campaign
at
the
at
the
elected
lot
level
and
have
these
people
voted
out.
Just
like
city
council
like
there's
some
people
in
city
council,
you
don't
like
you
have
to
you
know
you
have
to
hopefully
people
that
run
against
him.
B
You
know
get
get
on
there,
but
I
will,
when
nonprofits
are
not
following
their
fiduciary
duties
and
they
run
out
of
control.
You
know
you
do
have
like
you
know.
You
may
need
to
have
like
maybe
a
whistleblower
policy
that
that
could
be
there,
but
ultimately,
the
north
carolina
state
attorney
general
who's.
A
fellow
stein
is
the
is
the
final
arbiter
of
if
your
non-profit
board
is,
is
not
following
the
laws
not
following
these
things.
B
Led
the
board
to
an
attorney
general
then
they
could
do,
but,
as
far
as
you
know,
what
can
board
members
do
to
remedy
these
issues?
I'll
say
education
is
key
right.
So
if
you
know
that
duty
of
obedience
right
that
that
we
talked
about
that,
you
can
tell
them
that.
Listen,
you
know
under
the
law
there's
a
duty
obedience.
B
B
So
our
articles
and
corporations
specify
that
this
will
be
a
non-profit
corporation.
So
I
assume
55a
applies
even
though
we
are
a
pre
1991
1999
hoa,
probably
because
55a
does
predate
1999..
I
think
the
pca
just
said.
If
you
are
starting
a
brand
new
hoa,
then
you
have
to
be
formed
under
50
and
then,
if
you
formed
under
the
nonprofit
act,
but
many
hoas
formed
as
non-profits
before.
In
fact,
that's
probably
where
the
legislators
who
created
the
pca
got
that
idea.
B
How
should
we
organize
them?
They
probably
looked
at
all
the
groups
that
are
out
there
throughout
north
carolina
said
well,
most
of
them
have
set
up
as
non-profits.
They
said.
Okay,
that
sounds
good.
Let's
just
any
non.
Any
hoa
that
starts
from
here
on
out
in
1999
has
to
be
a
non-profit
all
right,
so
I
think
I've
answered,
and
then
I
think
there
was
one
was
dismissed,
so
I
don't
know
do
we
have
any
other
questions.
A
I
think
that
is
it,
so
we
are
so
appreciative
rocky.
This
was
very
informative,
great
information.
I
hope
that
everyone
that
was
able
to
attend
tonight
found
value
in
the
information
that
was
shared.
As
previously
stated,
I
will
email
the
powerpoint
slides
out
to
you.
This
was
also
recorded
so
earlier
in
the
chat.
I
posted
a
link
to
our
training
on
demand
site
where
you
can
access
this
training
problem
in
about
two
weeks
and
there's
some
additional
trainings
that
we've
offered
in
the
past
is
also
there.
A
So
some
great
information
as
well.
We
will
have
rocky
join
us
again
as
we
start
to
develop
more
trainings.
We
want
to
continue
to
support
you
all
as
you
as
neighborhood
leaders
and
as
you
grow
with
your
hoa
boards.
So
we
know
this
is
valuable
information
and
we
want
to
continue
to
provide
the
service
to
you.
So
thank
you
all
for
joining
us.