November Election - just five months away

It's time to begin thinking about the November election of HOA Directors.

Three Directors are to be elected, according to the By-Laws. The terms of Auby Dellinger and Vernell Butler expire. The term of the late-George Reynolds is to be elected. It has remained vacant, because it was never declared Vacant or filled by appointment by the Board, as is required by the By-Laws.

When Paul Hill died, his unexpired two-year term was promptly (and correctly) filled by appointment by the Board. Dennis Rybicki was appointed and will serve until November 2023. Paul had been re-elected to the Board in November 2021 for a two-year term. Dennis succeeded Paul and is to serve out Paul's term, which is now his term.

You, as a homeowner, do not elect the Directors of the HOA. You elect your Voting Member, and that person votes for Directors. This is why it is so important to have legitimate Voting Members.

Was Election FRAUD committed in November 2021? At the HOA Board level, I mean.

There are several issues.

ONE. Only four Directors should have been elected in November 2021, but the slate called for the election of five. George Reynolds' unexpired term should not have been filled by election in November 2021.

Which director elected in November 2021 is the illegitimate one? It's impossible to tell. The HOA's attorney will have to guide the Board in resolving the problem.

One man elected was not even eligible to run. He's not a homeowner. Yet he was elected, seated, and serves as an officer of the board.

TWO. A second issue is, how many of the Voting Members are not even legitimate Voting Members?

How many of the 28 Neighborhoods in The Summit held an Annual Neighborhood Meeting in the year preceding the November election?  Any?

If your Neighborhood did not hold its Annual Neighborhood Meeting, then you didn't have a Neighborhood Election of the three-member Neighborhood Committee, from which your Voting Member and two Alternates are chosen. A Voting Member serves for one year. The position is not perpetual. Without that Meeting and Election, your Neighborhood does not have a Voting Member.

The Board of Directors should have required the controlling documents to be followed. It didn't. By not following the By-Laws, the current board virtually guarantees its staying in place.

It's possible that NONE of the Directors on the Board is legitimately elected, because few, if any, Voting Members have been legitimately elected.

THREE. The Board needs legal advice. Is it asking for it?

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