I am a member of an HOA in Florida.  Florida has a very strong HOA law  
that regulates everything.  I suspect No. Carolina does as well.   Contact the 
Sec. of State for guidance
 
Trudy M.  Phillips
File Management, LLC 
"Bringing Order Out of  Chaos"
8440 Lanewood Circle 
Leeds, AL 35094
Office:  205/699-8571   Fax: 205/699-3278 
_www.filemanagement.com_ (http://www.filemanagement.com/)  


In a message dated 1/22/2010 6:49:53 A.M. Central Standard Time,  
[log in to unmask] writes:

I am  interested in information regarding the rights of a homeowners 
association to  their records, and particularly in North Carolina. In the case 
that I am  looking at a private developer convened a board of homeowners for 
the  association. The association maintained their own records and regularly 
audio  taped the board meetings, which representatives of the developer 
attended.  There is now dissension between the board and the developer and the 
developer  has dissolved the board and is demanding that the audiotapes be 
destroyed. The  homeowners feel that the tapes provide evidence in their case 
against the  developer and want to hold on to them.

The questions that I would like  to answer are: Who has legal ownership of 
the tapes, the board or the  developer? If the developer owns the tapes, is 
there anything that directs the  retention period that they must observe?

Unfortunately I am a bit  removed from this situation and can't supply much 
more information. I have  recommended to the friend who is involved in this 
case that they consult a  lawyer and possibly put the tapes in the hands of 
a mediator for now. I would  like to offer him some concrete information if 
I can and any authoritative  sources. If someone can point me towards 
information I would be  appreciative.

Janice Schulz



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