S.C. Code of Laws 33-31-801(a) - Board of Directors

Does the Summit's HOA have a legal board of directors?

The State of South Carolina has an important set of laws that apply to the Summit's HOA. It's called the Non-Profit Corporations Act.

Article VIII, Subarticle A, reads, in part,


Board of Directors

SECTION 33-31-801. Requirement for and duties of board.

(a) Each corporation must have a board of directors.


That's short and sweet; right? Pretty simple. Not too hard to understand. Read it again. Maybe call each Director of the HOA and ask him or her to read it. Aloud.

"Each corporation must have a board of directors."

"Each" means each and every one.

"corporation" means, in this law, a "non-profit corporation".

"must" mean it is required. It is not optional.

"board of directors" means a legal, legitimate board. It means a board of duly-elected directors. It means directors elected by those who are entitled to vote for directors and who are eligible to vote for directors."

And "there is the rub", as they say.

The Summit's HOA has not, for years, had anyone who was entitled to vote for directors or eligible to vote for them.

The USA has been battered with claims of Voter Fraud, and we have it right here in our little community of 2,480 homes (not 2,595 as the office recently informed me; not 2,800, as former Treasurer Vernell Butler told the Board on April 5, 2022).

The HOA now has one (1) legitimate Voting Member (Barony Place Neighborhood). In order to convene an Annual Meeting of Voting Members in November 2024 and hold an election of three directors, there must be 14 more legitimate Voting Members. Fifteen legitimate Voting Members must show up to meet the quorum requirement for the Meeting.

Neighborhoods must get very busy between now and November 1, 2024 and hold the Neighborhood Meetings required by the By-Laws. The HOA (there isn't any Board) must find a way to stimulate the Neighborhoods to comply with the By-Laws. So far, there doesn't appear to have been any effort to make this happen (except in Barony Place).

The scheme of "getting signatures", dreamed up by someone on the board years ago and condoned by the board for years, is not a valid method of selecting a Voting Member. That is fraud perpetrated on the 2,480 homeowners!

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