Choices for the HOA

The Summit's HOA may be facing several serious choices.

1. The S.C. Secretary of State could dissolve the corporation because it does not have a legitimate board of directors, as required of all S.C. non-profit corporations.

2. The S.C. Attorney General could investigate the people claiming to be directors and officers of the corporation and charge them with being usurpers. 

SECTION 15-63-60. Action against usurpers, for forfeiture of office or against persons acting as corporation.

An action may be brought by the Attorney General in the name of the State upon his own information or upon the complaint of any private party or by a private party interested on leave granted by a circuit judge against the parties offending in the following cases:

(1) When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise within this State or any office in a corporation, created by the authority of this State; [emphasis added]

3. The S.C. Attorney General could investigate the HOA for conducting fraudulent elections of directors during many years and as recently as November 2023.

4. Legal action could be filed by one or more homeowners (Members) to prevent a fraudulent election in November 2024, because, unless some big changes happen before then, there will not be a quorum of Voting Members, which is required to convene an Annual Meeting of Voting Members and hold the election of directors that is part of that Meeting.

OR

5. The current "Board" could begin steps to legitimize itself. 

Those steps include help at least 14 more Neighborhoods to hold Neighborhood Meetings, elect Neighborhood Committees, and select Voting Members to serve for one year.

Previous "Boards" stuck the HOA with this huge legal problem. Past directors should be held accountable.

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