Should the State investigate the HOA?

Should an agency of the State of South Carolina investigate The Summit Community Association (the Summit's HOA)? If it did, would the State take over the HOA?

Who should investigate?

Possibilities are the S.C. Attorney General and the S.C. Secretary of State. Are there others?

Why?

The HOA may not have a legitimate Board of Directors or legitimate Officers. So who is running the HOA?

If Directors are not legitimate, then are they exposed to personal liability for their actions (and lack of actions)? Do they lose the protection of Directors' and  Officers' Liability Insurance?

Officers are elected by the Board of Directors. If there are no legitimate Directors, there is no one to elect officers. Without a legitimate President and Secretary, official documents cannot be signed, including Banking Resolutions for the numerous bank accounts. There is also no one to hire and oversee CAMS. There is no one to control the cash assets of $2,000,000 in banks.

Directors are to be elected by legitimate Voting Members, the 28 homeowners who are to be elected in their respective Neighborhoods.

However, the 28 Neighborhoods are not holding the Annual Neighborhood Meetings and Neighborhood Elections that are required in the By-Laws. Without those Elections, no Neighborhood Committees are created, from which come the Voting Members and Alternates. Six Neighborhoods don't even have any illegitimate Voting Members!

Are you willing to insist on a legitimate Voting Members and a legitimate Board of Directors? 

Are you willing to insist that they comply with the Governing Documents, which include the CC&Rs, By-Laws, Procedures Reference Manual, and online Committee Guides?

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