Review of Past Elections of HOA Directors

In how many of the past elections of Directors of the Board has there been Voter Fraud?

If a homeowner assumes the role of Voting Member, but he has not been selected by his Neighborhood Committee, then he is not a legitimate Voting Member. What is the legal risk to that person? Is he a usurper? An imposter?

Every year each Neighborhood is required by the By-Laws to hold an Annual Neighborhood Meeting and elect a Neighborhood Committee of three homeowners. One of them becomes the Voting Member.

When was your last Neighborhood Meeting? Barony Place has not had a Neighborhood Meeting for at least five years.

The President of the HOA officiates at the Annual Meeting of the Voting Members. That's his only role. He does not participate.

The Secretary writes the record. There should be Minutes of every Annual Meeting of Voting Members. The Minutes should reflect who was there, whether each was a legitimate Voting Member or Alternate (and thus entitled to vote), and whether a quorum was present. Do those Minutes exist?

No other Director attends the Annual Meeting of the Voting Members. A Homeowner (Member) does not attend the Annual Meeting of the Voting Members, unless s/he is a Voting Member (or Alternate in place of the Voting Member). Not more than one representative of a Neighborhood attends that Annual Meeting. If the Voting Member attends, an Alternate does not.

11/1/2022 BOD meeting

There were 20 Voting Members and Alternates in attendance at the BOD meeting, representing 16 of the 28 Neighborhoods. Did only 16 attend the Annual Meeting of Voting Members? Did others attend but skip the BOD meeting?

If all 16 attended the Annual Meeting of Voting Members, held prior to the Board meeting, then a quorum of Neighborhoods was present, but only if those 16 were legitimate Voting Members (or Alternates). Most, if not all, were not legitimate Voting Members, because Neighborhoods are not conducting Annual Neighborhood Meetings and Neighborhood Elections. Was a legal quorum present? If even two of them were not legitimate Voting Members, no quorum was present.

That was the meeting where the Nominating Committee Chair announced the wrong results of the election of directors. How did that happen?

Where are the Minutes?

Voting Members elected three directors (Butler, Holmes, McCarthy*). There were five on the board. Three plus five equals eight. That's because one of the five was not a legitimate director.

There was a legal way to correct that error of too many Directors. Did the Board ever seek legal advice from its attorney? Apparently not. You see seven faces at the BOD meeting, but you don't see the empty chair for the deceased director, whose term is 2021-2023. 

Paul Hill's seat became vacant, when he died in April 2022. Dennis Rybicki was appointed to succeed Paul. But Justin Martin, HOA President, erred when he told Dennis he could serve only for six months and would have to run for the Board in November 2022. Dennis should have served the 18-month unexpired term of Paul Hill. When Dennis was elected to his own two-year term, he never resigned from Hill's seat. That seat is now vacant-by-resignation (or abandonment). The vacancy has not been declared and is being ignored by the Board.

11/9/2021 BOD meeting

The Voting Members met and elected five directors (not four, as controlled by the By-Laws).

Remember - George Reynolds had died in April 2021, and the Board had never declared his seat vacant or appointed a successor. The Board allowed an election of five directors, to bring it up to seven. In fact, what the Board did was create a Board of eight (8) directors - seven living directors and one undeclared and vacant seat of a deceased director, whose term ran until November 2022.

There were only six Voting Members and Alternates who attended the BOD meeting. Did more attend the Annual Meeting of Voting Members, which immediately preceded the BOD meeting?

If not, there was not a quorum (15/28) of Voting Members present, and no election should have been conducted. It should have been postponed and re-scheduled, in accordance with the By-Laws (Art. II, §7).

Where are the Minutes?

12/1/2020 BOD meeting (delayed from November 2020)

At this BOD meeting there were 10 Voting Members or Alternates. There were no Minutes of the Annual Meeting of Voting Members published. Were these ten those who attended the Annual Meeting of the Voting Members and who voted for directors?

At that time there were 27 Neighborhoods in the Association. A quorum of Voting Members (or Alternates) was 14. If only those ten (and assuming they were legitimate Voting Members or Alternates) were there, then the Annual Meeting and Election of Directors could not be held. 

But it was. Was this a case of Voter Fraud?

Where are the Minutes?