HOA Foundation - on sand?

What kind of foundation is The Summit's HOA on? Is it solid? Or is it on shifting sand?

The foundation starts with the Homeowners - the Members. Their relationship with their Voting Member must be solid. The Voting Member legally represents the Homeowner.

For this sole reason, the Voting Member must be properly elected. "Properly" means in compliance with the By-Laws.

The By-Laws say there shall be an Annual Neighborhood Meeting. Annual, of course, means every year. The details can be read in the By-Laws in Article V, Section 3.

Everything falls apart legally, if the Voting Member is not properly elected.

This is what the attorneys for the HOA should tell the directors. Not just tell Danny; they should advise ALL the Directors. The attorneys are the attorneys for the HOA, not for the Board and not for Danny.

If the Voting Members are not duly-elected, there can be no Annual Meeting of Voting Members. Without that Meeting, there is no election of Directors.

For too long, directors have been elected by people who have not been eligible to vote. But Boards have been allowing them to vote.

If directors are not elected by legitimate Voting Members, then they are not legitimate Directors.

If those "Directors" then elect officers, the officers are not "duly-elected" and therefore are not legitimate officers.

This is not hard to fix. All the Neighborhoods have to do is hold Annual Neighborhood Meetings.

That's what the chairman and the (HOA's) Neighborhood Committee are supposed to help with. They are supposed to help the Neighborhoods properly elect those who will legally represent the homeowners.

Why haven't past Boards done this?

Why hasn't the current Board done this?

The present Board condones "getting signatures", which is not a legitimate way to become a Voting Member.

The Board is even listening to a proposal from the chair of the Neighborhood Committee about electronic (email) voting for Voting Members.

There is one way, and one way ONLY, to become a Voting Member. It's spelling out in the By-Laws.

The HOA will be unable to amend the CC&Rs or By-Laws, because there aren't enough legitimate Voting Members to convene a Special Meeting for such a vote. Right now there is only one (1) legitimate Voting Member (Barony Place).

At this time there may not be even one Board member who believes in following the By-Laws. If there is, please let me know who that person is. And will that person please speak up at the March Board Meeting and demand that the Board comply with the By-Laws?

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