Must-Read for Every Voting Member

If you are a Voting Member of the Summit's HOA, or if you pretend that you are, please read this message.

Ask yourself - 
  • Am I a legitimate Voting Member?
  • Did my neighborhood hold a Neighborhood Meeting within the last year (or so)?
  • Was a quorum of homeowners (1/3) present, in-person and/or by proxy?
  • At that meeting did the homeowners elect a three-member Neighborhood Committee?
  • Was I duly-elected by the Neighborhood Committee for my local neighborhood?
  • Was proper documentation provided to the HOA's office?
  • Have I read the Voting Members/Alternates Memo concerning Voting Member/ Alternate Right [sic] & Responsibilities, found on the HOA's homepage under Neighborhood News?
Is there any personal risk or liability for me to hold myself out as a "Voting Member", if I was not duly-elected in compliance with the By-Laws? Should I get advice from my own attorney?

If I am not the legitimate, duly-elected Voting Member, what risk is there to me personally,
  • if I attend a November Meeting of Voting Members and vote for Directors; 
  • if I present myself as the Voting Member for my neighborhood?
  • if I vote on proposed Amendments to the CC&Rs and By-Laws?
  • if I vote for an increase in the annual Assessment?
  • if I vote on a request from the Board of Directors to proceed with a lawsuit by the HOA?
Am I violating a South Carolina law by usurping the office of Voting Member?

The answer, from the Google AI Overview, is 
"In South Carolina, "usurping" refers to the illegal act of seizing or holding an office, power, or right without proper authority."

That applies not only to public office, but also ... 
"(1) When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise within this State or any office in a corporation, created by the authority of this State;" [Source: South Carolina Code of Laws Section 15-63-60.]

Because of the fiduciary responsibility to homeowners, it is essential that a Voting Member be properly elected in compliance with the By-Laws.

The Board of Directors, the (HOA's) Neighborhood Committee, and the CAMS Property Manager could provide guidance and assistance about the one and only way to become a legitimate Voting Member. 

Why don't they?


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