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CCOC Decision Summary

#72-07, Jackson v. Woodlawn Homeowners Association (May 28, 2008) (Panel: Koenig, Leeds, Vergagni)

The homeowner (HO) complained that the board of directors of her homeowner association (HOA) was refusing to call regular monthly meetings and was refusing to call the required annual meeting and election.She also asked for an order directing the president of the board of directors to resign for unresponsiveness.

The HOA did not respond to the complaint, and the dispute was referred to the Commission for action pursuant to the Commission's Default Judgment Procedures and assigned to a Hearing Panel.The Hearing Panel issued an Order of Default, and then, after a review of the record, it issued a Default Judgment.

The Hearing Panel found that the power to remove an officer of the board was granted to the board by the Declaration of Covenants, and that therefore the Commission had no authority to remove the president.

The Panel further found that the Bylaws gave the board the right to call monthly meetings at its discretion.Therefore there was no requirement that the board meet every month.Therefore the Panel refused to order the board to meet on a monthly basis.

However, the Panel found that the Bylaws did require the HOA to hold an annual meeting,that the last election had been held in December, 2006, and that no annual meeting or election had been called or held during 2007, nor had any been held thus far in 2008.The Panel found that the HO had attempted to contact the board president on these issues without success.

The Panel found that it was imperative for the HOA to hold its annual meetings, and that the meetings were necessary to elect new members to fill the positions that were due to expire.By avoiding elections, the HOA was denying its members the right to change the leadership of the HOA.

The Panel ordered the HOA to hold an annual meeting and election within 60 days, and to give a copy of its Decision to all its members.It also ordered the HOA to refund to the HO her $50 filing fee for the dispute.

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