How the HOA can fix the Major Problems

Three of the biggest problems for The Summit's HOA are:
  1. no legitimate officers
  2. no legitimate directors
  3. Far too few legitimate Voting Members
Problems (1) and (2) cannot be fixed until Problem (3) is fixed.

Problem (3) can be fixed in 60 days, without legal help.

The solution?

Each neighborhood needs to hold a Neighborhood Meeting. The Meeting needs to be attended by a quorum of homeowners, in-person or by proxy. A quorum is one-third. 

At that Meeting the homeowners elect three to a (local) Neighborhood Committee. (Not to be confused with the HOA's Neighborhood Committee.) The Committee serves for one year, until the next year's neighborhood election.

Then the three-person (local) Neighborhood Committee elects a chairman. That chairman is the Voting Member. Duly-elected and legitimate. (It's not a lifetime appointment, if the neighborhood never has another Meeting.) The other two members of the (local) Neighborhood Committee are Alternates. 

The next step is for the legitimate Voting Members to meet and either elect directors or ratify the existing Board (legal advice might be needed on that step).

The last step is for the Board to elect (or ratify) the officers.

The next regular election of directors should happen in November 2026. By then the HOA should have 28 legitimate, duly-elected Voting Members.

If these steps don't happen, homeowners should file a lawsuit against the HOA and the Board of Directors for failing to comply with the By-Laws. 

Only 3.1% (78/2480) of the homeowners are represented by a legitimate, duly-elected Voting Member. Barony Place is the one and only neighborhood in compliance with the By-Laws.

Four neighborhoods (Autumn Run, Indigo Springs, Pineclave, Waverly Place) have no representation at all. That's almost 20% of the homeowners.

Twenty-three (23) neighborhoods are not represented by a duly-elected "Voting Member".

The scheme of "getting signatures" may have been dreamed up by a past Board. It was wrong then, and it is wrong now. The HOA has been wrong to recognize homeowners as "Voting Members", if they were not elected in compliance with the By-Laws.

The HOA will be unable to amend the CC&Rs and the By-Laws until there is the required number of legitimate, duly-elected Voting Members to approve changes.

You wouldn't (or shouldn't) allow fraud in Federal, State, County or City elections; right? Why allow it to continue right here in The Summit's HOA?

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