Effect of Illegitimate Election?

What is the effect of an illegitimate election of directors by the HOA?

If directors are elected by people who are not entitled to vote, have they been "duly-elected"?

What is the HOA's responsibility to make certain that the 28 Neighborhoods are properly represented? 

The rules for electing the representatives of the homeowners are found in the By-Laws. It is essential - more than "essential" - that the rules be followed. 

There is one way, and one way only, for the Neighborhood Representative, a/k/a the Voting Member, to be chosen.

No other way is authorized.

There is no provision for "getting signatures." There is no provision for allowing someone who might have been elected as a Voting Member in the past, to continue in office without the required Annual Neighborhood Meetings.

The person elected as Voting Member has a vital role. He (or she) is the legal representative of the homeowner. He elects directors of the HOA. He votes on behalf of the homeowner on a myriad of subjects, as defined in the Governing Documents, including amendments to the CC&Rs and the By-Laws and including increases in Annual Assessment above 10% of the budget.

Who is responsible, if a fraudulent election is held?

The directors and officers of the HOA, whether or not duly-elected.

The office employees who do not object to the improper steps. They are there to guide and coach the directors and officers.

Those who pretend to be Voting Members and assume roles without having been duly-elected by the homeowners in their respective neighborhoods.

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