Who Enforces the Covenants?
One of the important committees of the HOA is the Covenants Committee.
Its mission is stated on the HOA's website.
Mission: This committee oversees the enforcement of the Declaration of Covenants, Conditions and Restrictions for the Summit, and advises The Summit Association Office on matters pertaining to the issuance of Covenant Violation Notices. The committee also, as required or requested, proposes changes to existing covenants, conditions, or restrictions, or drafts new such as necessary to maintain The Summit community as a safe and appealing community which promotes visual and social harmony, safety, and peaceful enjoyment of property.
I'm sure that the Board of Directors would like to think that the Mission is pointed only at the Members of the Association - the homeowners.
But what happens when the Board of Directors allows the HOA itself to violate the CC&Rs and the By-Laws? Is it up to the Covenants Committee to enforce violations?
What are some of the violations?
Neighborhoods are not holding the Annual Neighborhood Meetings, as required in the By-Laws;
Neighborhoods, except for Barony Place, are not electing a Voting Member;
The Board is allowing an Annual Meeting of Voting Members to convene, in spite of there not being a quorum of bonafide, legitimate Voting Members;
The Board is allowing people, not duly-elected, to vote for directors;
The Board is allowing people, not duly-elected, to serve as directors; and
The Board is allowing people, not duly-elected, to serve as officers; and
The Board is allowing people, not duly-elected, to conduct banking operations of the HOA, to sign contracts, to engage attorneys, to incur legal expenses for unauthorized, prohibited legal actions of the Association.
Who will step up and stop these violations, if the Covenants Committee does not do it?
The Covenants Committee should identify two board members who will make a Motion and second it to halt these violations of the Covenants.
Will they do it?
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