When will the HOA be legally operated?

When will the board of directors announce its plans to become a legitimate board?

Right now there are no legitimate officers. There are no legitimate members of the board (directors). This is because there are no legitimate Neighborhood Representatives (Voting Members) to elect directors, who then elect the officers.

The HOA has not had a legitimate election in many years.

Previous boards ignored the requirement in the By-Laws that every neighborhood must have an Annual Neighborhood Meeting, at which there would be an Annual Election of a Neighborhood Committee and the selection of the Neighborhood Representative (Voting Member) by that Committee. The Neighborhood Representative serves for one year. It's not a lifetime appointment.

There are 28 Neighborhoods. There should be 28 legitimate Neighborhood Representatives (Voting Members).

"Getting signatures" is not a legitimate way of becoming a Neighborhood Representative. Yet in October 2023 a long-time board member resigned and quickly became a Neighborhood Representative, so that she could vote in the November election of directors. She "got signatures." She had to know better.

Yet the immediately-past board allowed her to vote, just as it allowed all the other ineligible people to vote who called themselves Neighborhood Representatives (Voting Members).

It is a risky legal position to claim to hold an office (Voting Member, Director, or Officer) and claim to be a fiduciary of a corporation with almost $2,000,000 in cash and an annual budget of over $1,250,000.

There must be a legal term for the position who claims to be a Voting Member, Director, or Office but who, in fact, is not.

Should the State of South Carolina step in to protect the financial interests of 2,480 property owners? 

Has CAMS or the HOA's attorney ever told the directors and officers that they are skating on thin ice and that they might have personal liability for their actions?

Homeowners should demand at the March 2024 board meeting to be informed what is being done to correct this huge problem.

Comments

Post a Comment

Popular posts from this blog

Annual Meeting, Barony Place Neighborhood - continued to 5/4/2024

Barony Place Neighborhood (Barony Place I and Barony Place II attempted to hold a Neighborhood Meeting this afternoon. Of the 78 homes, seventeen (17) homes were represented, and that was not sufficient to meet the quorum requirement of 26. The meeting was continued to Saturday, May 4, 2024, 1:00PM, at 44 Barony Place Circle. An effort will be made to have at least 26 homes represented in-person or by proxy. Three homeowners have volunteered to be on the Neighborhood Committee: Tracy Manderino (Barony Place II), Della Glynn (Barony Place II) and Gwen Hayes (Barony Place I). If a quorum is present on May 4th, those present, including by proxy, will elect the Neighborhood Committee. Once the Committee has been elected, it will select one of its three committee members to be the Voting Member for the next 12 months. The other two members will be Alternates. A new announcement will be distributed to your newspaper box, along with a proxy. If you will not attend Saturday's meeting, plea...
Read more

Open Letter to Barony Place "Voting Member"

An open letter to the "Voting Member" of Barony Place Neighborhood. Good morning, Billie, If you and/or an Alternate attended last night's board of directors meeting, will you please send out a recap of the meeting to Ann Stirlen and me (and to all the homeowners and residents in Barony Place)? About a dozen homeowners from throughout The Summit showed up for the board meeting  at the church  last night, only to learn from one person that it had been switched to Zoom, which allowed the board to meet in secret. Many of them had not received the email from the office that the board was (illegitimately) closing the meeting to homeowners. There are only about 1,800 (73%) email addresses of the 2,480 Members in the website database. I attempted to join the meeting on Zoom, as I am Attorney-in-Fact for Ann Stirlen, but I was not admitted to the meeting. The HOA's attorney has quoted a section in the By-Laws that she believes allows the Board to close the meetings. That spec...
Read more

Special Assessment Possible?

How would you feel about a $3,000 Special Assessment levied by the HOA against you and every other HOA Member (homeowner)? Article X, Section 4 in the CC&Rs allows this. Are you aware of that? Should the Board do everything possible to eliminate the possibility of such a Special Assessment? What is the Board doing that might just lead directly to such an Assessment? The HOA, by actions of the President (Justin Martin), the Treasurer (Vernell Butler, and the Safety Committee Chair (Dennis Rybicki) entered into a contact with the Richland County Sheriff's Department, effective February 1, 2023. They arranged for special patrols in the Summit at a cost of $48.00/hour. In the Special Duty Agreement is a Liability clause. It reads,  "The Requestor will hold harmless the Richland County Sheriff's Department from any and all claims or liabilities resulting from service and indemnify RCSD for any loss due to any injury of its employee unless there is a determination of neglige...
Read more