ASSOCIATION LAWSUIT FILED SEEKING ELECTION OF ALL 7 BOARD SEATS

From 17 June 2015 through 16 October 2024, Rocklyn Homes Inc. (the “Declarant”) served as the Board of Directors during the Declarant Control Period of Renaissance at South Park Homeowners’ Association, Inc; therefore; any action taken whereby the “Declarant” called any Special Meeting, and/or meeting was a violation of the Association Bylaws as such authority is exclusive to the Board of Directors, and it is mandated that the exercise of such authority be in compliance with the Association bylaws.

As the Georgia Court of Appeals has held: “The question in this case is not whether the Declarant had the authority to control the Board or whether it is a “common practice,” in situations such as this, for the Declarant to act as in lieu of the Board. Rather, the question is whether, under these circumstances, the covenants permitted the Declarant to forego appointing a Board and simply act in place of that Board. We find that they do not.” See Hall v. Town Creek Neighborhood Association (2013), 320 Ga. App. 897.

On 17 October 2024, the Declarant appointed a new Board of Directors using the exclusive authority granted under Deed Book 40136 pg. 637 (3) Board of Directors: (1) Declarant Control Period. “ Not withstanding anything to the contrary herein, Declarant shall have exclusive authority to appoint and remove Directors and Officers until the date the Declarant no longer owns any property and/or sale within the Community or until the date the Declarant no longer has the unilateral right to annex additional property within the Community pursuant to Paragraph 16(a) of the Declaration whichever is later.”

Subsequently, on 21 October 2024 (Deed Book 68775, pg.312), Rocklyn Homes, Inc. executed a “Release and Termination of Declarant Rights” for Renaissance at South Park Homeowners’ Association, Inc., thereby terminating all rights previously granted under the Declaration, Covenants, and Restrictions recorded on 3 June 2005 (Deed Book 40136, pg. 580) in Fulton County, Georgia.

According to the Declaration of Covenants, Conditions, and Restrictions (Deed Book 40136, pg. 637 (3) (A): (2) Number and Eligibility of Directors. “After the expiration of the Declarant Control Period, a Board of Directors composed of seven persons shall govern the affairs of the Association.”

(3) Term of Office. “After the expiration of the Declarant Control Period the Association shall call a meeting at which owners shall elect seven Directors.”, following the expiration of the Declarant Control Period, the Association is required to convene a meeting at which owners shall elect seven directors.

However, no official meeting was held between 21 October 2024 and December 2025 for the election of the seven directorships who would then constitute the Board of Directors and subsequently call a quorum meeting to elect the officers. As a result, during this period, Renaissance at South Park Homeowners’ Association, Inc. did not have a legally constituted Board of Directors. All actions undertaken by officers registered during this period with the Secretary of State Corporations Division, as well as any other appointees or members, were in direct violation of the Declaration of Covenants, Conditions, and Restrictions, given that no Board of Directors was ever duly elected under the Bylaws, See Hall v. Town Creek Neighborhood Association (2013), 320 Ga. App. 897.