Tag: HOA directors

Georgia court: A Milestone for Fair and Free Elections

Jade Whitter posted  comments in Home Owners Association (HOA) Information (Oct. 27, 2023, FB)[1], on a Georgia appellate case [2] concerning the fundamental right to fair HOA elections. At issue here is the imposition of a quorum on board elections although the documents were silent on a quorum requirement.

Whitter wrote,

“A Milestone for Fair and Free Elections. The Court’s ruling specifically eliminates the draconian measures that obstructed free and fair elections, namely the use of a quorum as a prerequisite for a valid election. This is significant because ‘lack of quorum’ has been used to invalidate annual elections and keep many of the same individuals serving on the Board.”

The homeowners’ attorney praised the homeowner group,

“It should not be taken lightly the dedicated grass roots efforts that it took to bring this coalition of homeowners together under a unified call for fair and representative elections. I am in awe of the W.E Concerned Homeowners’[3] leadership team that was able to coordinate this effort.”

While in the public domain there are no quorum requirements, there is a downside to no HOA elections quorum. A small, highly active and united clique can take control of the HOA where there is general apathy among the homeowners, or their conduct can be described as a cult following – the HOA can do no wrong. BEWARE!

I cannot stress how vital free HOA elections are to a democratically run HOA where constitutional and fundamental homeowner rights need protection. I commented on fair and democratic HOA elections 0n 2 occasions.[4]

“I cannot overstate the profound damaging effect of the boilerplate CC&Rs covenants – the HOA-Land fair elections doctrine — that define the highly inadequate process and procedures alleged to be fair elections and approved by the member. In a democracy, the fair elections doctrine is the means for the expression of the will of the people and the consent to be governed by the HOA’s members. It is the fundamental basis for a valid consent to be governed. Unjust BOD biased election procedures deny the legitimacy of the HOA-Land doctrine.”

“HOA members have been repeatedly told that they can change things in their HOA by voting for board members and even by changing the governing documents; that HOAs are democratic because members can vote to make these changes happen.  Without fair elections procedures that contain enforcement against HOA board wrongful acts, including retaliatory acts and intimidation by the board, voting in an HOA is a mockery of democracy. You are being conned!”

[1] See Home Owners Association (HOA) Information.

[2] Willis Et Al. V. Water’s Edge, A23A0868 (Ga. Ct. App.), Decided: October 24, 2023.

[3] Concerned Homeowners is a public FB group.

[4] See in general, Reorienting the HOA board – fair elections and HOA Common Sense, No. 5: Democratic elections.

 

Glassel HOA Murders Redux

The State of Arizona not only brought the people the Orme School District and the Miranda decisions, but the State also brought the little known Glassel HOA board murders. This April will be the 21st anniversary of sentencing Glassel to death for the shooting murders of two directors, Nila R. Lynn, 69, and Esther LaPlante, 57,  at a Ventana Lakes HOA board meeting in April 2000.

I followed this case from the very beginning during my first year as an HOA reform advocate.  I had met and talked with Richard Glassel, his wife Susan, his Public Defender, Dr. Jack Potts the psychiatrist who evaluated Glassel as not competent to stand trial, and several reporters; I also attended and observed the 5 day murder trial in 2003. 

A few years later about 2010, I don’t recall exactly when, I was approached by the Office of the State Capital Post-Conviction seeking  my involvement with the  Glassel trial.  The Office reviews death penalty cases on behalf of the condemned. They asked if I would talk with Glassel, seemingly they were having a problem, and I responded by saying it would not help because I had tried to talk to him on the only day he appeared in court, but he was non-communicative, “living in his own world.” Its pending petition for case review was denied as a result of Glassel’s death in 2013.

For more detailed coverage, you can follow this 20/20, Dateline, 48 Hours style murder case at Glassel HOA Murders Redux.