Why the HOA does NOT Have a Board of Directors

Do rules matter to anyone (besides Gus Philpott (me))?

Claim: The Summit's HOA does not have a legitimate Board of Directors.

Therefore, it has no officers.

There are no President, Secretary, and Treasurer, as required by state law.

Why not?

There weren't enough legitimate and eligible Voting Members to convene the 2024 Annual Meeting of Voting Members, at which three Directors were supposed to be elected. The election should not have been held.

There weren't enough legitimate and eligible Voting Members to convene the 2023 Annual Meeting of Voting Members, at which four Directors were supposed to be elected. The election should not have been held.

A director was appointed in November 2023 to fill a vacancy on the Board. She was not eligible to be appointed as a director, because she was not a Member (homeowner-of-record on the Deed) and she was not the spouse of a Member (she was the widow of a Member). Plus she was appointed by directors who themselves were not legitimate directors. She should have been removed long before now.

Two directors were appointed on July 1, 2025, but the procedure was wrong; thus, the appointments were invalid. No valid executive session was held. Appointments cannot be made in executive session. Election of Secretary and Treasurer cannot take place in executive session. Business cannot be conducted in private, closed, secret meetings. Further, they were not appointed by legitimate directors.

Why were the elections of directors invalid in 2024 and 2023?

Because Neighborhoods are not holding Neighborhood Meetings and Elections of Voting Members.

The By-Laws require Voting Members to be elected. They serve one year. They are the legal representatives of the homeowners of their neighborhoods. That's why they must be elected in compliance with the By-Laws.

Why isn't the HOA's lawyer explaining all of this to the full Board?

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