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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