Free and Fair Elections

We'll see more and more in the news about Free and Fair Elections. Most of the comments will be about the upcoming national elections.

But what about right here at home, at the Summit's HOA? What will a Free and Fair election entail?

I don't think we have to worry about any of the electors being physically prevented from voting; i.e., being forcibly kept away from the voting place. No one will be kept away because he didn't pay a poll tax or because he couldn't afford transportation to voting night (Annual Meeting of Voting Members).

But should a Voting Member have to certify, attest, swear, or affirm that he is eligible to vote? Is swearing or affirming good enough?

The HOA office should be maintaining a list of Approved Voting Members; i.e., those who are eligible to vote, should a Special or Regular Meeting of Voting Members be called.

How would a homeowner from one of the 28 Neighborhoods get on that list?

The list should be composed of the Voting Members who are documented as having been elected by the Neighborhood at its Neighborhood Meeting within approximately 12 months of the date of the Annual (or Special) Meeting of Voting Members.

The office should have that documentation on file. It should include a copy of the Notice of the Neighborhood Meeting, the date and location of the Meeting, the names of the homeowners who were present, all proxies submitted by homeowners who are absent but wish to vote, a statement of the number of homeowners needed to make a quorum, and a statement of the number present in-person or by proxy and that a quorum was in attendance. The names of the candidates for the Neighborhood Election. The result of the election of the three-member Neighborhood Committee. The result of the election by that Committee of the Chairman of the Neighborhood Committee, who becomes the Voting Member.

Does the HOA office have this documentation for each of the 28 Neighborhoods?

Has this been done in any of the past five years, including 2023? Have there been, and are there now, any legitimate board members?

The By-Laws provide a single way of becoming a Voting Member.

It's not by "getting signatures". It's not by "moving up", if the previous Voting Member moves, dies, gets tired of serving. It's not by not calling a Neighborhood Meeting and just keeping the title year after year. It's not by being a nice person and doing some or all of things that a Voting Member does.

Without a quorum of duly-elected Voting Members, there cannot be an Annual Meeting of Voting Members in November. There cannot be an election of directors.

Without duly-elected directors, there can be no officers (President, Vice-President, Secretary, Treasurer). 

And the business of the HOA cannot be done -  legally.