How to Stop the Election

The question: How to stop an election that should not be held?

The Office of the S.C. Department of Consumer Affairs (DCA) will not help. There are apparently insufficient laws in this State to allow that office to step in and stop the election.

The Office of the S.C. Attorney General will not help. It refers most homeowners association complaints to the DCA. Plus, it is impossible to reach a live person there.

The voicemail message first tells a caller that the Attorney General doesn't handle HOA complaints and directs the caller to contact the DCA. The next option is x2 for Constituent Services.

All other calls? Ext. 3.  The problem is that, after pressing "3", the voicemail greeting plays again.

This morning I wanted to speak with a live person in the Attorney General's office about my two-page letter that I emailed to Attorney General Alan Wilson on November 3. I was hoping that the State would take an interest in protecting 2,500 homeowners in the Summit Community Association.

Why should the election be stopped?

The election of directors planned for November 9, 2021 at 5:00PM does not comply with the By-Laws. Only four (4) directors should be elected by the Voting Members.

The vacancy for the fifth Director is, according to the By-Laws, to be filled by appointment by the Board of Directors, not by election by the Voting Members.

The two-year term of deceased director George Reynolds is going to be voted on in the election by the Voting Members. The Board of Directors never voted on that.

The Board also never voted on changing the term-of-office from the 2020-2022 cycle to the 2021-2023 cycle. In fact, the Board cannot make that change. The Board cannot arbitrarily change the By-Laws.

I'm just not willing to spend my own money to obtain an injunction today from a Richland County Magistrate to stop the election. But it should be stopped.

The only choice may be to go to the Richland County Sheriff's Department and get help to identify whether any crimes are being committed. Whether that will stop the election is anyone's guess.

Another choice is to begin a legal action after the election takes place. The fifth director elected tomorrow will not be a legitimate director. But which one will be the illegitimate one? The HOA will still have the vacancy on the board after tomorrow.

At least one person should have to leave the board permanently. That is the person who has been pushing to disregard the By-Laws, both before and after George Reynolds died in April.

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