North Carolina § 47C-3-118 - Association records.

§ 47C-3-118. Association records.

The association shall keep financial records sufficiently detailed to enable the association to comply with this chapter. All financial and other records, including records of meetings of the association and executive board, shall be made reasonably available for examination by any unit owner and the unit owner's authorized agents as required by the bylaws and by Chapter 55A of the General Statutes if the association is a nonprofit corporation. If the bylaws do not specify particular records to be maintained, the association shall keep accurate records of all cash receipts and expenditures and all assets and liabilities. In addition to any specific information that is required by the bylaws to be assembled and reported to the unit owners at specified times, the association shall make an annual income and expense statement and balance sheet available to all unit owners at no charge and within 75 days after the close of the fiscal year to which the information relates. Notwithstanding the bylaws, a more extensive compilation, review, or audit of the association's books and records for the current or immediately preceding fiscal year may be required by a vote of the majority of the executive board or by the affirmative vote of a majority of the unit owners present and voting in person or by proxy at any annual meeting or any special meeting duly called for that purpose. The association, upon written request, shall furnish a unit owner or the unit owner's authorized agents a statement setting forth the amount of unpaid assessments and other charges against a unit. The statement shall be furnished within 10 business days after receipt of the request and is binding on the association, the executive board, and every unit owner. The association, its managers, or its agents may charge a reasonable fee for providing statements of unpaid assessments and other charges, not to exceed two hundred dollars ($200.00) per statement or request, and an additional expedite fee in an amount not to exceed one hundred dollars ($100.00) if the request is made within 48 hours of closing. In addition to the limitations of Article 8 of Chapter 55A of the General Statutes, no financial payments, including payments made in the form of goods and services, may be made to any officer or member of the association's executive board or to a business, business associate, or relative of an officer or member of the executive board, except as expressly provided for in the bylaws or in payments for services or expenses paid on behalf of the association which are approved in advance by the executive board. History (1985 (Reg. Sess., 1986), c. 877, s. 1; 2005-422, s. 17; 2020-90, s. 4(b).) NORTH CAROLINA COMMENT This section is not significantly different from the Uniform Act. Editor's Note. - Session Laws 2005-422, s. 17, which inserted the subsection (a) designation, and rewrote the second sentence and added the last three sentences of subsection (a), and added subsections (b) and (c), was effective January 1, 2006, and applicable to violations occurring and proceedings commenced on or after that date and to fiscal years beginning on or after that date. Effect of Amendments. - Session Laws 2005-422, s. 17, effective January 1, 2006, and applicable to violations occurring and proceedings commenced on or after that date and to fiscal years beginning on or after that date, in subsection (a), inserted the subsection (a) designation, rewrote the second sentence and added the last three sentences; and added subsections (b) and (c). Session Laws 2020-90, s. 4(b), effective July 2, 2020, added the last sentence in subsection (b).