Where Does Non-Compliance with the By-Laws Start?

Compliance or Non-Compliance? Where does it start?

It starts right at the top - with the officer who is President of the Board of Directors.

While this person is just one of seven directors of The Summit's HOA, he has assumed more authority and power than the governing documents give him. And the other six on the board have let him get away with it.

The President is supposed to lead the board and develop a cohesive body that will serve the interests of the Members and follow (comply with) the CC&Rs and the By-Laws.

This Board, prior to July 1, and previous boards have been divided into Us vs. Them. Disagreement is good; it often stimulates respectful discussion and progress. That doesn't happen on the boards of The Summit's HOA.

If you don't agree with the President, you become an outsider. You are tolerated until you can be replaced.

For example, the HOA started a lawsuit in December 2024. The CC&Rs (Art. XIII, §10 Litigation) prohibit that, unless the Board first gets permission of 75% of the Voting Members. It didn't. Further, the Board never approved the lawsuit. Now, $18,000 later, the lawsuit is still draining the HOA's resources.

Why didn't all the other directors shout, "WHOA! The HOA can't do that!"

And more importantly, why didn't the new attorney, whom the President had chosen, say, "WHOA! The HOA can't do that!"

The President and the person he appointed as chair of the HOA's Neighborhood Committee have done nothing to correct the lack of duly-elected (legitimate) Voting Members. And the previous President and the person he appointed as chair of the HOA's Neighborhood Committee in October 2021 never did anything to correct the same problem. All  they had to do was follow the By-Laws; they didn't.

All the directors are equally culpable. The directors who disagree with "business as usual" must force votes and make certain that their votes are recorded by name.

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