Who Protects the Homeowners?

Who protects the homeowners from the Board of Directors?

First of all, homeowners should not need "protecting" from the Board of Directors. The Board members have the fiduciary responsibility and obligation to comply with the Governing Documents (CC&Rs; By-Laws; approved Guidelines). Those documents protect the homeowners.

But only if followed.

Talk continues about amending ("improving") the By-Laws and the CC&Rs. How long has this "talk" been going on? NOTE The HOA cannot amend the CC&Rs and the By-Laws, because there are not enough legitimate Voting Members to approve the changes!

The HOA has one (1) legitimate, duly-elected Voting Member. It should have 28.

The By-Laws are fine just the way they are. They are set up so that homeowners are protected from the abuse that is happening right now. Except the homeowners aren't protected. 

Voting Members are the defense line between the Board and the homeowners. Voting Members should be paying close attention to the management of the HOA.

When Voting Members see things happening that are against the interests of the homeowners (Members), they should be speaking up.

Are they? Not hardly.

Did they complain about weakening of the financial stability of the HOA last fall, when the Finance Committee recommended a $50.00 increase (9.8%) in the annual assessment and it was denied without ever being discussed at a Regular Meeting of the Board?

Did they complain when the 2025 Budget was not discussed in public at the November 2024 board meeting? Two new directors voted for it without ever seeing it! (They both quit in May.)

Do the Voting Members object to the large variances (over-spending) every month shown on the Financial Operating Results?

Do the Voting Members ever demand that the Board reduce the bad debt load of $479,433.19 (as of 4/30/2025)? How much of that is unpaid past dues?

Did the Voting Members object when the HOA violated the CC&Rs by launching a lawsuit against resident Gus Philpott (me)? That was a blatant violation of Art. XIII, §10. Not a peep out of the Voting Members!

Do the Voting Members themselves realize that they are not legitimate Voting Members (except for Barony Place), because they were not elected by their own neighborhoods. I think they realize it, but they won't admit it.

Why do the Voting Members tolerate 19.6% of the homeowners in the HOA not having any representation at all?

What don't the Voting Members insist that the Nominating Committee find qualified, experienced, knowledgeable, business-oriented, financially-savvy candidates for Board positions?

Are there honest Directors on the Board? If there are, they should go to the HOA's attorney and ask him to represent the Association, which retained him and pays him, and advise the full Board that it must comply with the By-Laws and the CC&R's, or else face the consequences.

The attorney already knows what's wrong. He reads this blog.  He has heard me tell the judge in two different hearings. The attorney is THE ASSOCIATION'S attorney - not the board's; not Danny's. 

They should ask him to represent the Association. If they won't go, the Voting Members should go. And, if the Voting Members won't go, then the Members must. Or else some Members should group together and sue the HOA, before the ship sinks.

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