Who represents Falcon Creek—and how were they chosen?

Under Bylaws §3.5, member quorum is 25% of eligible membership voting power: 22 of 88 lot votes if all lots are eligible, counting attendance and valid proxies. Annual member-meeting quorum is not Board-meeting quorum: the Board’s separate majority requirement applies to its own meetings. No member elections at those three AGMs does not establish that all directors lack authority. Lawful holdover service or vacancy appointments may apply; original election dates, terms and resolutions are needed to assess each director’s status.

Counsel gives nonquorum as the explanation for having no AGM ballots or member-meeting minutes to produce. That does not establish that a meeting without quorum can have no minutes at all: records of attendance, the quorum determination and adjournment can still be relevant. Separately, the October 20 written discovery response says no responsive Board minutes from January 2023 onward were located after diligent search. These are different disclosures about different records.

Association discovery response, October 20, 2026 (cited selectively as Association statements; not published) · private; not linked

Under the Bylaws, members elect directors at the annual meeting: one vote per lot, a quorum of one quarter of the membership’s votes (22 of 88 lots), proxies filed with the Secretary beforehand, and a plurality winning. Regular terms are three years. The Board fills a vacancy only for the rest of an unexpired term.

Counsel’s excerpt says quorum was not achieved and no elections were held at the last three annual member meetings. The 2024, 2025 and 2026 notices use a standard agenda with no line for an election, candidacy or nominations. Owners say this left them no apparent chance to nominate candidates or vote for directors.

“We call for an immediate, properly noticed nomination period and free, fair director election, with independently documented vote counts, proxies and minutes.”

Homeowners have identified apparent differences between 2023–2026 Secretary of State filings and the Board roster identified in discovery. We request a year-by-year reconciliation of names, roles, effective dates and supporting resolutions.

Homeowner question · Requires reconciliation

Until elections occur, we ask the sitting Board to defer discretionary new initiatives, new policies, material contracts and significant nonessential spending; continue essential operations, statutory duties, public safety and existing contractual obligations.

This is a request from homeowners, not a legal requirement. O.C.G.A. §14-3-805(d) allows a director whose term has expired to keep serving until a successor is elected and qualifies, so the Board is not legally barred from conducting new business.

• Copies of the official 2023–2026 Secretary of State annual registrations
• Each director’s election or appointment date and term
• Board resolutions for appointments, vacancies and officer changes
• The candidate nomination and ballot process
• Independent quorum and proxy certifications for each annual meeting

The 2026 notice is dated September 24 for the October 24 meeting: 30 days. If actually served on September 24, that meets the Bylaws’ 21-day timing requirement. The open question is election notice and documentation, not a demonstrated timing defect.

An omitted election agenda item alone does not establish that a notice is legally invalid. Confirm the procedure and applicable requirements before any vote.

Counsel’s account establishes what the Association says about those three meetings, not the original election history of every director. Holdover service can be lawful, and vacancy appointments may cover an unexpired term. Neither possibility proves valid or invalid tenure without the records.

Request election and appointment dates, term records, certified attendance and proxy totals, quorum determinations and vacancy resolutions. Identify which three meetings counsel’s excerpt covers; do not infer their calendar years.

These are inspection requests, not a demand to publish everyone’s personal information. Individual member lists, signatures, ballots and proxy records may require restricted access or redaction. Full discovery documents are not linked or uploaded here; only attributed excerpts and summaries are shown.

Controlled inspection and records methodology →

1. 01

   Please provide certified attendance, eligible-vote, proxy and quorum counts for 2024 and 2025, and certify the counts for October 24, 2026. Which three annual meetings does counsel’s response cover?

2. 02

   What were each current director’s original election or appointment dates and terms? Please provide election records, vacancy resolutions and the basis for any holdover service.

3. 03

   What plan and timetable will provide a properly noticed director election and restore transparent recordkeeping, with a named custodian and privacy-aware inspection process?

• Bylaws (opens in new tab)
• 2024 annual meeting notice (opens in new tab)
• 2025 annual meeting notice (opens in new tab)
• 2026 annual meeting notice (opens in new tab)
• Georgia SOS eCorp business search (opens in new tab)
• Georgia SOS · How to file an annual registration (opens in new tab)
• O.C.G.A. §14-3-804 · Director elections (opens in new tab)
• O.C.G.A. §14-3-805 · Terms & holdovers (opens in new tab)
• O.C.G.A. §14-3-704 · Meeting notice (opens in new tab)
• O.C.G.A. §14-3-705 · Notice waiver (opens in new tab)
• CC&R amendment (opens in new tab)
• Georgia Property Owners’ Association Act · Article 6 (opens in new tab)

Association discovery response, October 20, 2026 (cited selectively as Association statements; not published) · cited selectively as Association statements; underlying litigation records and personal information are not published or linked. External documents may require permission.

Association counsel, discovery response (excerpt supplied by homeowner; full document not linked publicly). Only the supplied excerpt is quoted; complete correspondence may clarify or correct it. Methodology and Board right of reply.