Home Owner Association (HOA) Issues & Problems

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Beth Cannon
  • Rental Property Investor
  • NC
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Are HOA Votes Private

Beth Cannon
  • Rental Property Investor
  • NC
Posted Jul 20 2022, 19:50

If a homeowner requests the voting results (names,dates,and how homeowners voted) from the HOA board is the board required to give that information to the individual requesting? Assuming the vote is for a maintenance or capital expenditure and not for election. In North Carolina.

Greenville, North Carolina

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Chris Seveney
  • Investor
  • Northern Virginia
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Chris Seveney
  • Investor
  • Northern Virginia
Replied Jul 20 2022, 20:42

@Beth Cannon

I don’t believe they need to say John dough voted yes or no, just the overall count of yeahs and neys

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Sergey A. Petrov
  • Real Estate Consultant
  • Seattle, WA
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Sergey A. Petrov
  • Real Estate Consultant
  • Seattle, WA
Replied Jul 20 2022, 23:01

This varies widely from State to State. It also almost always depends on the date your community was formed within a particular State. Most States have variations of Horizontal Property Regime Acts (older communities), Condominium or Homeowner Association Acts (newer), and Uniform Common Interest Community Acts (newest). Privacy and disclosure rules go from “no obligation to disclose anything” (older acts) to “owners have the right to obtain many records” (newer).

All depends on when your community was organized and which law it falls under (and what the governing docs say). Then there are coops where you likely have little to no insight into the operations unless you are on the Board (or your co-op Board chooses to be transparent with its membership).

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Richard F.
  • Property Manager
  • Honolulu, HI
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Richard F.
  • Property Manager
  • Honolulu, HI
Replied Jul 21 2022, 21:02
Aloha,

As with most questions concerning an HOA, check your Governing docs, specifically the By Laws for this info. All that I have personally been involved with state voting to be by secret ballot, with cumulative voting...or words to that effect. Generally there is also a 30 day period where Owners can inspect the ballots and tally, but with secret ballots you will not be privy to names.