Will HOA Hold a Legal Election Next Month?

Will The Summit's HOA hold a legal election next month?

Is "legal" the right word?

Is the HOA election illegal, if it is not held in compliance with the By-Laws? And if it is illegal, then the HOA does not have a valid Board of Directors, as required by State law.

For the election to be legal, the convening of the Annual Meeting of Voting Members (AMVM) on November 12 must be legitimate; i.e., in compliance with the By-Laws.

Has anyone with the HOA asked the new lawyer about this?

For the AMVM to be legitimate, there must be a quorum of legitimate Voting Members in attendance. And therein lies the rub.

Upon information and belief, there is only one (1) legitimate Voting Member in the entire HOA, and that one is right here in Barony Place. One other neighborhood is contemplating a Neighborhood Meeting. If one-third of its homeowners attend, in-person or by proxy, it may be an official Neighborhood Meeting. 

At the AMVM the HOA Secretary should inspect the documentation that each Neighborhood had filed with the office, documenting the election of its Voting Member within, roughly, the past 12 months. Does the office have that documentation?

Will the office properly certify, in writing, that the documentation is true and complete?

Then the Secretary must count noses to confirm a quorum. Is there a requirement of 15 Voting Members (at least 51%) out of the 28 Neighborhoods?

If there is no quorum, the AMVM must be adjourned, and there cannot be an election.

Past boards of the HOA, including the out-going board in November 2023, disregarded these requirements. 

What will happen on November 12, 2024?

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