Wrong Defendants in Vernell's Case

Vernell Butler filed his case against Brenda Bryant, Linda Potter, Thomas (Jeff) Lummel, and Angelo Turley-Moore.

Butler accused them of violating the South Carolina Nonprofit Corporation Act "by holding an invalid election to improperly seat board members..."

Why didn't Vernell accuse the people who actually ran the election?

The PRM (Art. III, §H, ¶14) states that "The Nominating Committee Chair or its designated representative will preside at the Election and will select several members from the audience to assist in the proceedings."

The Nominating Committee Chair was Tanisha Holmes, not any one of the four Defendants.

That Section raises the question as to whether the election of directors should be held during the open, November Board Meeting, not in the Annual Meeting of Voting Members.

The PRM (Art. III, §H, ¶15) states that "The Election Secretary will call the roll of all the Voting Members to determine whether a quorum of 51% of all the voting members is present to hold the Election."  A quorum (15) of 28 legitimate voting members is what determines whether the Election is valid.

Who was the Election Secretary? Is the Election Secretary necessarily the Board Secretary? Where are the Minutes of that Meeting? Who attended? Who was elected? 

Ah, the waters get even murkier now. How many legitimate Voting Members were there on November 18? Nowhere close to 15*.

The PRM may conflict with a section in another part of the Governing Documents. I recall reading (and cannot locate it at the moment) that the Board President conducts the election at the Annual Meeting of Voting Members and the (Board) Secretary records the Minutes.

At the November 18, 2025 election, the Board President could not run the meeting, because he was a candidate. The duty would pass to the Board Vice-President, Tanisha Holmes, who was also the chairperson of the Nominating Committee. The Board Secretary was Noel Weatherbee. Was she the "Election Secretary"?

If Vernell believed there was an invalid election, why didn't he accuse Tanisha Holmes and whoever else helped run the election meeting? And maybe Danny Trapp who, as President, might have played a role in preparations for the election?

Why didn't Vernell accuse the Association of violating the Act and name it and those who were actually involved in conducting the Election as Defendants? Why did he name the four he did name?

According to the January 6, 2026 Board Minutes, the HOA's lawyer has "advised that while the process was not ideal, the Board may continue as seated and correct procedures in the next election cycle."

My opinion? The "process" was far from "ideal" and has been for many years.

* A "legitimate" Voting Member is one who was duly-elected at his local Neighborhood Meeting within the past year, in compliance with the By-Laws. 
  • Not one who "got signatures". 
  • Not one who has just been hanging on for 10-15 years. 
  • Not one who inherited the position.

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