According to Clark Simson and Miller Due to not holding proper elections many NC HOA/POA boards are facing jeopardy due to being illegitimate.
A legitimate board is one whose members were properly elected and whose authority has credibility. This means they have the power to act and make decisions on behalf of the community.
On the other hand, an illegitimate HOA board is one whose members may not have been elected using the proper procedures. For example, if an association does not hold an election even if state laws and their governing documents mandate it, homeowners may call the board’s legitimacy into question. This is because board terms usually expire.