Open Letter to HOA Voting Members

The following email has been sent to the Voting Members of The Summit's HOA, to board members, to the Association's attorney, to the CAMS Manager.

Contact your own neighborhood's Voting Member with your own comments. Board members' names and emails are NOT published on the website. Use the 'CONTACT US" link to a webform on the website at the top right of the homepage. Be sure to request a response.


Good morning, Voting Members,

Thank you for your participation in the Annual Meeting of the Voting Members and for electing three to the Board. You are probably aware of Mary Ann Game's HUGE error, when she announced that Auby had won re-election and failed to say that Vicky had. She corrected her announcement, very much to Auby's embarrassment and shock!

As a result of your election of Dennis Rybicki to a two-year term (2022-2024), Dennis will be resigning from the (2021-2023) seat on the board to which he was appointed in May 2022. He may have already done so. Dennis was appointed to succeed Paul Hill, who died in April 2022. With Dennis' resignation from Paul's seat, that board seat now becomes vacant, this time by resignation.

The Board should declare that seat vacant (By-Laws. Art. III, A, Section 7, ¶2) and appoint Dennis' successor. That board seat should not be left vacant for a year, as George Reynolds' seat was.

It is the Board's responsibility to appoint Dennis' successor, who will serve until November 2023 (as Dennis would have, had Justin not directed him (improperly) to serve only until this month (Nov. 2022) and to run for election (not "re-election")).

I hope that the Board will appoint Tom Glaz, who was a very strong candidate and whom you just interviewed.

Will you please exert your influence on the board to appoint Dennis' successor without delay?

The error in the November 2021 election (electing five, not four) cannot be remedied by just ignoring the vacant seat. One of the five directors elected in November 2021 must go, and it shouldn't necessarily to be one who died or the newest to join the board in November 2021.

If the board fails to comply with the By-Laws (by correcting the November 2021 error), you have the authority and the power to remove one of those five Directors and restore the board to the correct number of seven (7) directors. You could remove the one who caused the problem.

Had Attorney McCabe been consulted prior to the 2021 election, I'm certain he would have advised to elect only four Directors in November 2021. Attorney McCabe can advise the legal way to correct the error that occurred (and about which I warned before that election).

Please increase your attention to the board and require it to comply with the Governing Documents (CC&Rs, By-Laws, PRM). I have said often during the past two years, "If the Board would just comply with the By-Laws, it would never hear from me."

This issue should be discussed and decided upon in the open monthly board meeting on December 6, 2022, not in the secret, pre-board meeting on November 29th. 

Officers of the board for the coming year should be elected in the open monthly board meeting on December 6th. Officers should have been elected on November 1st (By-Laws, Art. IV, Section 2), and newly-elected Vicky McCarthy should have joined the board upon election on November 1. (Vernell was not correct about "January".)

In view of Mary Ann Game's errors (electing five Directors in Nov. 2021; disregarding the PRM regarding my application to the board (Oct. 2022); announcing the wrong election results (Nov. 2022), Mary Ann should resign from the board or be removed.

Respectfully,

Gus Philpott
Resident, Barony Place II
847.971.7083

- Copy to the Nominating Committee, so that it can recognize the errors that have been made in elections.
- Copy to CAMS Manager because, as Manager to the HOA, professional guidance should be provided to the Board to comply with the Governing Documents. If an officer of the Board fails to follow professional guidance, the Manager should inform the full board at a monthly board meeting.

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