The Board is once again turning a routine records request from a candidate in the upcoming Board election into an unnecessary legal dispute, all on our dime. This chronological record shows what the candidate requested, how the Association responded, and when lawyers were brought into a matter that should have been handled as ordinary community business.
A written records request submitted through TownSq asked the Association for its current membership list for the stated purpose of election communications, voter participation, and proxy solicitation.
A public post documented that the request had been submitted and stated that the Election Preparedness page would be updated when, or if, the Association complied.
Management confirmed that the membership-records request had been received and documented. The response said it would be shared with the Board and Association counsel, and that management would not release homeowner information without Board authorization.
The reply stated that the statutory inspection right was not contingent on discretionary Board approval and asked for a clear record of when the request reached the directors, what action they took, and when access would be provided or decided.
A second portal submission provided the Board and management with the campaign’s proxy appointment form before completed proxies are delivered and asked that any specific concern be identified in writing in advance of the annual meeting.
The Association says litigation makes civil discovery the exclusive route to these records and suspends Chapter 55A. The statute says the opposite. Section 55A-16-02(d)(1) preserves a member’s litigation rights; it does not say filing suit extinguishes that member’s inspection rights. Jordan Price turns “this statute does not limit your litigation rights” into “litigation strips you of your statutory rights.” Its position is weaker still for the meeting-specific voter list, whose separate inspection right under Section 55A-7-20 is expressly preserved.
An August 28 request asked the Board to confirm when the October 15 annual meeting will be held and when the terms of newly elected directors will begin. It included Brighton Forest Bylaws Article IV §2 and N.C.G.S. §47F-3-103(e), which establish that the annual meeting is held on the third Thursday of October and that directors take office immediately upon election. The request also sought records identifying any legal authority or governing-document provision the Board would rely on to claim a different meeting date or a later start to the elected directors’ terms. Open the complete request.
Homeowners interested in obtaining this information themselves can download this Word template, update the homeowner information, submission date, and requested inspection date, and submit it through TownSq.
A post headed “From the Board of Directors” asked homeowners to attend the October 15 annual meeting and vote for the current Board. It also urged owners to use the orange proxy form and return it to Associa or a current Board member. In describing the solar dispute, the post said the Board attempted to get the situation corrected but did not mention the fines or the lien against the home. The Association’s August 4 Answer and Counterclaims states that fines accrued at $100 per day (paragraph 24) and that it filed a Claim of Lien on July 8 (paragraph 27). The screenshot was captured September 16; it displays a relative posting time rather than an exact date.
In a since-deleted post, HOA president Wayne McGee falsely claimed that the Board was not seeking foreclosure, describing its action as a lien that would not force a sale of the home. The Association’s August 4 Answer and Counterclaims in Wake County case 26CV021109-910, however, includes a first counterclaim titled “Claim for Judicial Foreclosure” and asks the court to enforce its lien against the home through judicial foreclosure (paragraph 32 and the request for relief, item 4). A lien is not itself a completed foreclosure, but the Association expressly requested foreclosure from the court.
