Who Has the Most to Lose?

Without a legitimate Board of Directors, The Summit's HOA is failing to comply with a significant, and very short, state law; i.e., the requirement that every South Carolina non-profit corporation must have a Board of Directors.

This means a legitimate, legal Board of Directors, whose directors were duly-elected in compliance with the By-Laws. That law reads, 

SECTION 33-31-801.Requirement for and duties of board.
(a) Each corporation must have a board of directors.

What happens when there is no [legitimate] board of directors?

Could the State swoop in and take over the HOA?

Could the State dissolve the HOA?

What would happen to home values and the reputation of The Summit, if that happened?

Could you, the homeowners, lose value of your homes?

If there were a lawsuit against the HOA and there was no one to defend the HOA, would a court issue a summary judgment against the HOA - for whatever amount was asked?

That could wipe out the Reserves and the Operating Cash, and it could result in worse. What if the plaintiffs figured out how to collect by forcing an Assessment on the HOA, which would be met by charges and liens against all the 2,480 homes within the HOA?

Gloom and doom? Worst-case scenario?

What if much of that could be avoided by having knowledgeable, responsible directors elected in compliance with the By-Laws?

Should ALL the directors participate in a conference call with the HOA's lawyer and get straight, correct information first-hand? Is it good enough for only the President, Danny Trapp, to be the single point-of-contact with the attorney that he selected?

Will that attorney tell them, "Comply with the By-Laws. You don't have a choice"?

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