North Carolina HOA Voting and Election Rules

Updated for 2026

This page is part of AMG’s Guide to North Carolina HOA laws. It summarizes the North Carolina HOA voting and election rules that often affect board elections and other member votes.

In this guide, the term governing documents refers collectively to the association’s plat, articles of incorporation, bylaws, declaration, rules and regulations, and all policies adopted by the board or the membership.

Determining which voting rules apply

Most election details, such as the number of directors, their terms, and how elections are run, are set by the governing documents. The Planned Community Act (Chapter 47F) and the Condominium Act (Chapter 47C), referred to on this page as “the Acts,” add rules of their own, some of which apply even where the governing documents say otherwise, and the Nonprofit Corporation Act (Chapter 55A) adds further rules for associations organized as nonprofit corporations, as most are.

Voting and election rules at a glance

Each Planned Community Act section listed has a Condominium Act counterpart with the same section number in Chapter 47C, although some details, such as the default quorum and how long a proxy remains valid, differ. Older communities, including planned communities created before January 1, 1999 and condominiums created on or before October 1, 1986, may not be subject to every rule on this page. For those communities, the declaration and bylaws are the first place to look. AMG’s guides to the NC Planned Community Act and the NC Unit Ownership Act explain the details.

Director elections

The governing documents generally set the number of directors, their terms, and the timing of elections. Under the Acts, the board may not, on its own, elect its members or set their qualifications, powers, duties, or terms, although it may fill a vacancy for the rest of the term. The Nonprofit Corporation Act adds that directors must be elected by ballot if any owner entitled to vote for directors asks for one, unless the articles of incorporation or bylaws provide otherwise.

Proxy voting

State law permits owners to vote by proxy, and under the Acts a proxy that is not dated is void. A proxy expires 11 months after its date in a planned community, or one year in a condominium, unless it specifies a shorter term, and it may be revoked only by notice to the person presiding over the meeting. The governing documents may set procedures for proxies, such as a prescribed form or a deadline for submitting them. The statutes do not provide for directors to vote by proxy at board meetings.

Electronic voting

The Acts do not provide for email or online voting. Unless the articles of incorporation or bylaws prohibit or limit it, the Nonprofit Corporation Act allows owners to vote without a meeting by written ballot, which may be returned by email, or by electronic ballot for owners who have consented to conduct business electronically, subject to conditions set forth in the act.

Quorum

Unless the bylaws set a different figure, a quorum for an owners’ meeting is 10% of the votes in a planned community and 20% in a condominium, counting owners present in person or by proxy. A quorum present at the beginning of the meeting is treated as present for the rest of it.

If a meeting lacks a quorum, a majority of those present in person or by proxy may adjourn the meeting, and the quorum for the next meeting drops to half the prior requirement, halving again at each adjourned meeting until a quorum is present. This reduction applies even if the declaration or bylaws say otherwise, which gives a board a way forward when turnout is low.

Removing directors

If the meeting notice states that removal of a director will be proposed, owners may remove any director, other than one appointed by the declarant, with or without cause, by a majority vote of all persons present and entitled to vote at an owners’ meeting at which a quorum is present, even if the declaration or bylaws say otherwise.

How AMG supports the board

At the board’s direction, AMG can assist in organizing owner meetings, including annual meetings at which directors are elected, and can help prepare meeting and election materials, such as notices, ballots, and proxy forms, for the board’s approval. AMG can maintain registers of owners, officers, and directors based on information the association provides, can attend meetings as the board directs and schedules, and can prepare draft election procedures for review by the board and the association’s attorney. The counting of votes, the determination of results, and the preparation of minutes remain with the association.

When to involve legal counsel

Matters that commonly warrant the involvement of the association’s attorney include, but are not limited to, determining which rules govern the association’s elections; adopting proxy forms, ballot procedures, or electronic voting methods; suspending a delinquent owner’s privileges; proceeding at a reduced quorum; removing a director; and responding to a challenge to an election result. Whether and when to involve counsel is the board’s decision. At the board’s direction, AMG can help coordinate communications with the association’s attorney and assist in gathering the information counsel requests.

Frequently Asked Questions

What happens if an HOA annual meeting does not reach quorum in North Carolina?

A majority of those present in person or by proxy may adjourn the meeting, and the quorum for the next meeting drops to half the prior requirement, even if the declaration or bylaws say otherwise. The requirement continues to halve at each adjourned meeting until a quorum is present.

Can homeowners remove an HOA board member in North Carolina?

Generally, yes. Owners may remove a director other than one appointed by the declarant, with or without cause, by a majority vote of all persons present and entitled to vote at a meeting with a quorum, as long as the meeting notice states that removal will be proposed.

Related Resources

• Guide to North Carolina HOA laws
• NC Planned Community Act
• North Carolina HOA meeting rules
• North Carolina HOA dispute resolution
• NC Nonprofit Corporation Act and community associations

Have questions about your own community?

Boards of AMG-managed communities are encouraged to begin with their community manager, who can help the board locate the relevant governing documents and other available information and, at the board’s direction, liaise with the association’s attorney when a legal question arises. Associations that are not currently AMG clients may contact AMG’s client services team for information about AMG’s management services or for referrals to qualified professionals.

AMG provides administrative management services to associations and is not a law firm. AMG acts on behalf of the associations it manages rather than individual owners, and an owner involved in a dispute with an association may wish to consult independent counsel.

About AMG

This guide was prepared by Association Management Group (AMG) community managers, including managers who hold the PCAM®, AMS®, and CMCA® credentials. AMG is an AAMC®-accredited firm serving more than 30,000 property owners across the Carolinas. The information is intended to assist community association members and leaders in understanding the statutory framework in which their associations operate.

Learn more at www.amgworld.com. Additional governance discussion appears in the Lessons from the Neighborhood series at www.LessonsFromTheNeighborhood.com.