This is serious, folks!!!
At the June 3rd Board of Directors meeting, there were two very serious errors made. Who was in charge of that meeting???
The HOA's Secretary and the HOA's Treasurer had resigned in May. South Carolina Code of Laws Section 33-31-840 (Required officers) reads that a non-profit corporation must have a Secretary and a Treasurer, in addition to a President.
The Summit's HOA does not have a Secretary and a Treasurer.
These two officer positions are not to be confused with Directors' positions. On June 5th the office of The Summit's HOA announced two vacancies on the Board. The vacancies are on the Board. The vacancies are not the positions of the Secretary and Treasurer, which coincidentally are open, too.
The Board elects officers (Secretary, Treasurer).
The Board appoints qualified homeowners to succeed the directors who resigned. The applications being called for are for Directors, not officers.
Apparently, this distinction is wasted on most board members.
Because the State of South Carolina requires a Secretary and a Treasurer for The Summit's HOA, the Board should have elected them on June 3.
Next, there is a person on the Board who is not eligible to be on the board. She wasn't eligible when she was appointed in 2023. Who among the Board members knew (and who did not know) at the time she was a candidate for Board member? This person who is usurping the office of Director must leave the board immediately or be removed.
If somebody knew and did not disclose that she was not eligible to the rest of the Board, that person should (must) leave the Board, too.
There is now, at the least, a third vacancy on the board, unannounced so far. And there should probably be a fourth!
A five-minute call to the HOA's attorney was in order.
Q. 1: Must we elect a Secretary and a Treasurer on June 3rd? (Yes)
Q. 2 Must a person on the Board who is not eligible to be on the Board (not a Member; not a spouse of a Member) immediately leave the Board? (Yes)
The Board doesn't even need "legal advice" for answers to those two questions.
Comments
Post a Comment