Summary of Hearing Proceedings and Decision

This matter, docket number 22F-H22249-REL, involved Petitioner John Zumph, a homeowner and former Board member, challenging his removal from the Sanalina Homeowners Association ("Sanalina") Board of Directors ("Board") by the Respondent, Sanalina. The hearing was held on July 19, 2022, before Administrative Law Judge Adam D. Stone.

Key Facts and Issues:

Mr. Zumph served on the six-person Board for approximately seven years and was removed on March 10, 2022. The Board declared his office vacant pursuant to Bylaws Article VII Section 1(d), which permits removal if a member is absent from three consecutive regular meetings. The three meetings in question were regularly scheduled for July 8, 2021, September 9, 2021, and November 11, 2021.

Zumph admitted sending an email prior to the July meeting stating that he, along with others, would not attend future meetings in 2021 unless certain conditions were met, specifically requiring the resignation of two specific directors (one from a household that had two members on the Board, and the current president).

Petitioner’s Argument (John Zumph):

The primary legal issue hinged on the definition and application of "quorum". Zumph argued that since the Board requires a majority (four out of six directors) to constitute a quorum for the transaction of business (Article VI Section 3), and a quorum was not met at the three meetings he missed, those gatherings were not officially recognized as "meetings" of the Board. Therefore, he asserted, he could not have missed three consecutive regular meetings as defined by the bylaws.

Respondent’s Argument (Sanalina HOA):

Sanalina argued that regularly scheduled meetings were held on the specified dates, even if quorum was lacking. Lack of quorum prevents the *transaction of business* (i.e., votes and legal actions), but does not invalidate the meeting itself. Testimony from Board Secretary Lisa Terror confirmed that directors, the community manager, and homeowners attended the meetings, discussed agenda topics, and received community updates, though no business could be transacted. Sanalina emphasized that Zumph intentionally refused to attend to prevent quorum, which led to significant delays in association business (e.g., eight months for appeals, $9,000 cost increase for painting due to delayed votes).

Final Decision and Outcome:

The Administrative Law Judge concluded that a meeting can exist without a quorum, but no business (votes) can occur. The tribunal found Zumph's argument that the meetings did not exist due to lack of quorum "unpersuasive". The ALJ further determined that Zumph intentionally missed the meetings to "hijack" the process, halting association business, which was unacceptable and not in the spirit of the bylaws.

The ALJ found that the Petitioner did not establish that the Respondent violated Bylaws Article VII Section 1(d).

The petition was denied in a decision issued on August 1, 2022.