I called to the HOA Board's attention some serious issues regarding its ability to act on behalf of the HOA by letter dated February 22, 2006.  The discussion revolved around the absence of a quorum at the 2004-2005 and 2005-2006 annual meetings and I pointed out that as a result of same, neither of the HOA Boards that have instituted the fines and this Action against me actually had or have any authority to do so.  While I believe I will prevail on the merits of my defense to the Action filed by the HOA anyway, the lack of a quorum at the annual meetings made it impossible for either HOA Board to be elected and transact business on behalf of the HOA and any attempts by either purported Board to take any action on behalf of the HOA were void from their inception.  I detailed this issue in a April 7, 2006 letter to my neighbors and asked them to give me the right to vote their interests in the HOA to fix the problem, but only 9 members bothered to accommodate my request.  I warned the HOA Board by way of both of its counsel in writing that if the HOA would not recognize the problem and join me in a joint request to Judge Bishop allowing us to fix this problem, I would do so myself, and that is where we are heading.

 

        I have copied some informative pages from Robert's Rules of Order, 10th Ed.© and  Robert's Rules of Order for Dummies© that include a good explanation of the quorum issue and which highlight the seriousness of the matter to all of us in the neighborhood.  Robert's Rules of Order is the authoritative source for information on parliamentary procedure and transaction of business by organizations and is often incorporated by reference into the organization's bylaws.  I have also included the HOA's bylaws and attendance records from the 2004-2005 annual meeting and the 2005-2006 annual meeting so you confirm for yourself the validity of this argument.

 

        If you read my letters, the attendance records and the exerpts from Robert's Rules, you will understand that, in effect, our neighborhood currently has no group legally authorized to act on its behalf and that fact potentially exposes the HOA, its purported Board members and the homeowners in High Gables who are members of the HOA to potential personal liability should anything happen on the Common Properties under a scenario in which someone could assert a claim against the HOA.  This situation should have been rectified as soon as I brought it to the attention of the purported HOA Board and needs to be addressed immediately.  Since the HOA has chosen to ignore the issue, I will now be addressing it with Judge Bishop.