H E A R 4 NC
In HOA’s the Members have all the power and make the rules!
Res Non Verba Action, Not Words
HEAR4NC is a North Carolina Non-profit Corporation formed to help educate, inform and protect the constitutional rights of members of Common Interest communities and citizens and consumers in our state..
An association is substantially different than a corporation in that it is a democratic organization whereby the members govern. A fair reading of the Acts (47C and 47F), set forth that they have control over the Non-profit Corporation Act (55A). For instance, no where in the Acts is there the phrase board of directors. In the Acts, there is only an executive board that only has the power and duties that the members delegate to it.
In an association, it is the members who purchase their individual property and it is the members who pay for the upkeep of the common elements. Under the Acts, the members have the duty and obligation to, take care of their property, take care of the common elements and to pay what is necessary for the upkeep of these common elements.
In order to carry out their obligation for upkeep of the common area, the members delegate some of the powers and duties to the executive board, who are obligated to follow and adhere to the rules set down by the members. Anyone who delegates power and duties to another, has a duty and obligation to ensure that the delegated power and duties are carried out properly.If the executive board does not act properly, the members can remove them with or without cause. The members, always have the power to amend the bylaws and reduce the power of the executive board and their duties.
Our mission is to provide an open forum for members of an association to discuss issues, provide education, to advocate for reform of amendments to governing documents and of the North Carolina Planned Community Act, in order to protect the civil and constitutional rights of the members.
Our goal is to bring all members of an association together as a team to operate their associations in a reasonable manner and in accordance with the law and governing documents, and thereby enhance their lifestyle and their investment in their association.
If you believe in our goals and mission, support us by becoming a member using the Subscribe menu option above.
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