Should Members Sue the HOA?

Should Members (homeowners) sue the HOA and the Board of Directors?

Why would they do that?
  • The current Board and past Boards have allowed homeowners to be recognized as "Voting Members" who have not been duly-elected by their neighborhoods.
  • If a neighborhood doesn't have a duly-elected Voting Member, that neighborhood is not represented in the HOA.
  • More than ninety-six percent (96.9%) of homeowners (Members) are NOT represented by duly-elected Voting Members.
  • Four neighborhoods (20.9% (518/2480) of the HOA) have no Voting Member at all, legitimate or "recognized".
  • The current Board has never staffed the (HOA's) Neighborhood Committee, the Mission of which is to assist neighborhoods in holding Neighborhood Meeting and elected Neighborhood Committees, which then elect their Voting Member.
  • HOA committees have spent months (over the past four years) talking about amending the CC&Rs and the By-Laws. Without duly-elected Voting Members, neither can be amended.
  • This Board has not appointed a chairman or members to the Nominating Committee.
  • The HOA has not posted monthly Financial Operating Results on its website for six months (September, October, November, December 2025, January, February 2026).
  • As of 4/18/26 the HOA has not published the Minutes of the last (March 3, 2026) Board of Directors Meeting.
  • The HOA has not published the 2026 Approved Budget on its website. Did a Board ever approve the 2026 Proposed Budget?
  • The current Board has never disclosed the total amount of HOA funds that were wasted on an illegal lawsuit against resident Gus Philpott between December 2024 and January 2026. ("Illegal", because it was filed in the name of the Association without ever being approved by the Board.) Will they attempt to recover those funds (estimated at $25,-$30,000)?
  • The current Board has never acknowledged the $445,336.86 drop in Cash & Cash Equivalents between 1/31/25 and 1/31/26. Where did that money go?
  • Who made banking decisions when the Board had no Treasurer between mid-May 2025 and July 1, 2025?
  • Who was involved in decisions to draw down Reserves without a Board vote and Resolution?
What else?

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