HOA Should Audit Voting Members

One of the most-important audits that the HOA should do is of the Voting Members. This audit should be conducted by the Property Manager and reported to the Board of Directors and to the chairman of the HOA's Neighborhood Committee.

My guess is that an audit of this type has never been conducted!

Why should this be done?

The Voting Members must be legitimate and duly-elected, because they have great authority. Every November they elect three or four Directors. They have to approve an increase of more than 10% in the Assessment. They must approve lawsuits by the HOA for other than four stated types. They must approve proposed amendments to the CC&Rs and By-Laws.

The (local) Neighborhood Committee of each of the 28 communities in the HOA represents the Members (homeowners) in those neighborhoods. The chairman of the (local) Neighborhood Committee is commonly referred to as the Voting Member. That person is considered the legal representative of the Members for his Neighborhood.

The By-Laws require each Neighborhood to hold an Annual Neighborhood Meeting. When a quorum is present, in-person or by proxy, the Members (homeowners) elect a three-person Neighborhood Committee, which serves for one year. That Committee elects one of its three members as chairman (for one year). The chairman is the Voting Member.

The audit should contain the Date of the most-recent Neighborhood Meeting, whether a quorum was present, whether an election of three Members (homeowners) to the Neighborhood Committee was conducted, the names of the three elected Members of the Committee, and the name of the elected Voting Member.

I suspect that the Board of Directors and the Property Manager have NO IDEA how many legitimate, duly-elected Voting Members there are. There is one, for sure. Barony Place complied with the By-Laws in 2024 and 2025 and likely has the sole legitimate, duly-elected Voting Member in the entire HOA.

Boards of Directors, including the current Board, have recognized homeowners as "Voting Members" who did not comply with the By-Laws. They are not legitimate Voting Members, and the Directors elected by them are not legitimate Directors.

When people vote (ex., for Directors) who are not eligible to vote, is that called Voter Fraud?

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