Records & Communications · Updated October 22, 2026
What the HOA’s response actually says, what it does not establish, and how homeowners can request the records needed to understand community decisions.
The question
Which member and Board records can be located, and how can homeowners inspect them without exposing private information?
Verified HOA disclosure
The Association says its last three annual meetings lacked quorum—and no director elections were held at those meetings.
Counsel discovery response excerpt supplied by homeowner
The Association has not achieved quorum at any of its last three annual meetings so no elections were held. As no official action could be taken and no election was held, there are no ballots or meeting minutes to produce.
Association counsel, discovery response (excerpt supplied by homeowner; full document not linked publicly)
This is the Association’s express account in counsel’s quoted response, supplied by a homeowner—not merely a homeowner allegation. The full correspondence is not independently uploaded or linked here. The excerpt may be corrected after checking the complete correspondence; it does not identify the calendar years of those three meetings. It is not a finding about attendance independently reconstructed from proxy and sign-in records.
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.
Counsel expressly says the Association did not achieve quorum at any of its last three annual meetings. The exact excerpt appears above; it does not assign calendar years to those meetings.
Association counsel, discovery response (excerpt supplied by homeowner; full document not linked publicly)
Counsel states that no elections were held because member quorum was not achieved. This is not a statement that no director was ever elected or appointed through another procedure.
Association counsel, discovery response (excerpt supplied by homeowner; full document not linked publicly)
Counsel says there are no ballots or meeting minutes to produce for those meetings, offering nonquorum and no official action as the explanation. Whether attendance, proxy totals, quorum decisions and adjournments were recorded remains a question—not a conclusion that administrative records were impossible.
Association counsel, discovery response (excerpt supplied by homeowner; full document not linked publicly)
The separate October 20, 2026 response reports that after diligent search it located no responsive Board meeting minutes from January 1, 2023 onward. This concerns Board records, not member-meeting quorum or the counsel excerpt’s AGM records.
Association discovery response, October 20, 2026 (cited selectively as Association statements; not published)
The response identifies a roster, but original election dates, terms, certified election results and vacancy resolutions are still needed. Holdover service may be lawful; an appointment may cover an unexpired term.
The Association’s written response says fine-schedule Board-adoption minutes are not in its possession. Members still need the approval resolution or filed written consent, if one exists. A missing record does not alone prove there was no approval.
Association discovery response, October 20, 2026 (cited selectively as Association statements; not published)
Homeowners have reported difficulty obtaining and confirming Board membership; the Oct 20 response now identifies these individuals. Knowing who serves is a starting point. Election dates, vote counts and appointment records are what would explain how each director came to represent the community.
Separate the supplied notices, counsel’s express AGM account, the October 20 written Board-record disclosures and this initiative’s analysis. Member-meeting quorum is not Board-meeting quorum. A search that did not locate Board minutes does not establish that no Board meetings happened.
OCR-based summary of the scanned Bylaws. Verify the scan and any later amendments before a formal submission; section references are a reading guide, not certified quotations.
§4.9 requires the Secretary’s minute book and Board resolutions; Board quorum is a majority. §4.10 permits Board action without a meeting only with all directors’ consent in writing, filed in the minutes. §5.6 assigns the Secretary responsibility for member and Board minutes.
Section 6.23 also makes the minutes central to enforcement: notice, hearing invitation and sanctions must be recorded before a sanction takes effect. The enforcement analysis remains on Fines & Covenants.
January 1, 2023 onward
The Association says no Board minutes from this period were located after a diligent search; this is not an AGM-minute production finding.
Association discovery response, October 20, 2026 (cited selectively as Association statements; not published) · private; summarized, not linked
2024 & 2025 AGM notices
The notices request proxies and list the standard agenda. Actual attendance, quorum and election activity require separate records.
September 24, 2026
Thirty days before the stated October 24 AGM. Service on that date has not been independently established.
October 20, 2026
The Association identifies directors and describes missing Board-minute records and email decision-making. Cited selectively; the underlying response is not published.
Association discovery response, October 20, 2026 (cited selectively as Association statements; not published) · private; summarized, not linked
October 24, 2026 · 10 am
Confirm with organizers. Ask for the certified quorum count and clarify election procedure before any vote.
For the request covering Board meeting minutes from January 1, 2023 to the present, the Association states that, after a diligent search, it has not located any responsive documents. It also says fine-schedule adoption minutes are not in its possession. This does not establish the production status of AGM/member minutes.
Association discovery response, October 20, 2026 (cited selectively as Association statements; not published) · full document private
The Association describes some Board decisions, including fine approvals, as made by email. Such action may have used written consent, but whether all directors signed unanimous written consents and those consents were filed is unknown. The governance question is the decision record; written consent alone does not answer the separate hearing question.
Association discovery response, October 20, 2026 (cited selectively as Association statements; not published) · full document private
Counsel expressly says there are no ballots or member-meeting minutes to produce for the last three annual meetings, explaining that quorum was not achieved and no elections or official action occurred. Attendance, quorum decisions and adjournments can still warrant an administrative record. This explanation is separate from the October 20 diligent-search response concerning Board minutes.
Association counsel, discovery response (excerpt supplied by homeowner; full document not linked publicly)
Original election dates; election notices; candidate nominations; ballots and certified vote counts; vacancy records and replacement-appointment resolutions; Board resolutions fixing the number of directors.
Certified 2024, 2025 and 2026 attendance counts, proxy logs and proxy totals, quorum determinations, and any annual/member-meeting administrative records. Identify the dates of the three meetings covered by counsel’s excerpt. Seek redacted copies or controlled inspection where personal information is involved.
All Board and AGM minutes from 2023 to the present; all signed unanimous written consents, especially email decisions; any fine-schedule adoption record. Keep counsel’s AGM-record explanation separate from the diligent-search disclosure concerning Board minutes.
Georgia Secretary of State corporate filings and annual registrations. Compare these with election and appointment records; a filing alone is not a certified election tally.
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.
General legal context, not legal advice or a finding of noncompliance. Check the current statutory text, corporate articles, amendments and applicable exceptions with a Georgia lawyer before a formal demand or meeting objection.
§14-3-1601 requires permanent member and Board meeting minutes and records of actions without a meeting. §14-3-1602 provides inspection rights, including the current directors/officers list and three years of member-meeting minutes, after a written demand at least five business days before inspection. Board-minute inspection has additional good-faith, proper-purpose, specificity and connection requirements; access is not a right to publish private records without limits.
Separate the supplied notices, counsel’s express AGM account, the October 20 written Board-record disclosures and this initiative’s analysis. Member-meeting quorum is not Board-meeting quorum. A search that did not locate Board minutes does not establish that no Board meetings happened.
Identify the record, date range and connection to your membership interest. Separate baseline records from Board records that require a proper-purpose explanation.
Send a written demand at least five business days before the proposed inspection date under §14-3-1602. For conditional records, state a good-faith proper purpose, describe the records with reasonable particularity and explain how they directly connect to that purpose.
Ask for the custodian, inspection location, available copies, lawful costs and any confidentiality or redaction conditions. Protect personal member information and proxy signatures.
Keep the dated demand and response. If records cannot be found or access is declined, request the scope of the search and the specific reason in writing; ask counsel about next steps rather than assuming wrongdoing.
Law sets obligations; the Bylaws are governing documents; the HOA response and homeowner accounts are representations; analysis is not a legal finding. Full sourcing, correction and right-of-reply policy
Based on the Association’s own responses, we believe its governance recordkeeping is severely deficient. Counsel confirms the last three annual member meetings lacked quorum and no elections were held. The Association says it has no ballots or member-meeting minutes to produce for those meetings, while a separate discovery response reports no located Board minutes since January 2023. These gaps make it difficult for homeowners to trace how directors came to serve, what decisions were authorized and how fines and other HOA business were documented. This is an assessment based on available records, not a finding that each director lacks legal authority.
The Board has a right of reply. Complete correspondence, election records, minutes or signed consents may clarify or correct this assessment; any response should be considered alongside the underlying evidence.
Evidence methodology, corrections and Board right of reply →
Saturday, October 24 · 10 am · recreation area — confirm with organizers. These questions are not an official agenda.
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?
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.
Please make the Board minute book and all directors’ signed written consents available for inspection, including email approvals under Bylaws §4.10.
What resolution, adoption minutes or filed unanimous written consent approved the fine schedule, and where can members inspect it?
What administrative records exist for annual meetings without quorum, including attendance, proxy totals, the quorum determination and adjournment?
What plan and timetable will provide a properly noticed director election and restore transparent recordkeeping, with a named custodian and privacy-aware inspection process?
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.
Counsel’s excerpt is supplied by a homeowner and may be corrected after checking complete correspondence. The full discovery response, member lists and proxy archive are not published here.