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Q: Our HOA board members were all elected for a one-year term, and that term has now expired – and the board has not scheduled a members’ meeting for elections. Do the current board members serve indefinitely, are do we have a board of directors with no authority whatsoever?

Q: We live in a community in South Carolina that was severely affected by the recession. Unfortunately, the original developer was unable to meet his obligations and the property was foreclosed upon. The original developer covered the HOA’s budget shortfalls each year prior to losing the partially completed development in a foreclosure.

EDITOR’S NOTE: The following column is By Adam M. Beaudoin and Kyle R. Still, Ward and Smith, P.A., New Bern.

Note: This week’s column was written by my law partner, Cynthia Jones, who is licensed in North and South Carolina.

Q: I recently requested records from my condominium’s property management company. They told me that they only have records for the past two years that they can email to me at no cost, and that the prior six years’ worth of records are in a storage unit.

Q: We have had several recent incidents of vandalism in our otherwise quiet and well-maintained subdivision. It has a single entrance, and our board is considering the installation of surveillance cameras to capture the image of vehicles coming and going from the neighborhood, particularly those vehicles that enter the community late at night. What are the legal ramifications that our board should consider before using electronic surveillance at the entrance of our neighborhood?

One question frequently asked is whether the display of political signs on private property is permissible in neighborhoods governed by a homeowners’ association. The answer: It depends.

Editor’s note: this week’s guest columnist is Eric Boucher, a consultant who specializes in assisting condominiums in navigating the FHA and VA mortgage approval process. His website is www.ReadySetLoan.com/condo and he can be reached at eric.boucher@readysetloan.com

If your HOA board is misbehaving, there are many steps you can take

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Michael Hunter
Charlotte attorney Michael Hunter focuses on community and condominium association law for the firm of Horack Talley. E-mail questions.
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