Mitchellville residents calling for HOA elections after alleged bylaw violations
Woodmore South homeowners say board members' terms wrongfully extended
A month before Prince George's County local and state elections, some residents of the Woodmore South community in Mitchellville are calling for an important election even closer to home as they seek to oust their homeowners' association's board of directors.
The residents say the board of directors of the Woodmore South Community Association, Inc. violated the community's bylaws by extending board members' terms from one year to three, and that an annual election already a year overdue should be held Sept. 1.
"No one has shown us yet where we selected three-year terms," said 12-year Woodmore South resident Frank Saunders, 73, who is a member of the board of directors for the Maryland Homeowners' Association, Inc.
"All we want is the process to be done in accordance with the bylaws. We want our voting rights back. We're not after their jobs. We want them to do it according to the bylaws."
A February 2009 letter from the association to the community's 371 homeowners stated that a meeting would be held later that month to elect the seven-member board of directors to one-year terms. Elections had been slated to be held in November 2008 but were delayed because of a lack of a quorum, Saunders said.
However, last fall, homeowners were notified by the community's newsletter that the board of directors would now serve three-year terms instead of one-year terms and that the next election is in November 2011. Because of the term extension, the annual elections were not held in November 2009.
Saunders said that in his 12 years living in the community, and since the community's establishment in 1990, the board's terms have always been one year.
The community's attorney, Annapolis-based Michael S. Neall & Associates P.C., and associate attorney Sean Suhar wrote in a June letter to Maryland's Office of the Attorney General that the board's November 2008 election was for three-year terms to extend until 2011.
Board member Evelyn Johnson declined to comment when reached by phone Friday.
In an e-mail, board member Beverly Boykin stated, "I'm not aware of any problem with the election or term limit of the BOD."
Glenn Mahone, president of the board of directors, Walter Batts, vice president, LaRhonda Patterson, treasurer, and board members Amos Cheek and Gayle Holmes did not return calls or e-mails for comment. Michael Neall did not return calls for comment by press time.
Saunders turned to Del. Aisha Braveboy (D-Dist. 25) of Mitchellville, who has been active in HOA issues and created an HOA conference that will be held in September in Landover.
Braveboy, who said she has no legislative power over the issue, referred Saunders to Maryland's Office of the Attorney General, which can enforce provisions of the Maryland Homeowners Association Act. However, the attorney general has no power over HOA elections, Braveboy said.
Braveboy said Woodmore South residents' best recourse is to either go through mediation which Saunders said the board refused to do or present their case in court before a judge, a process Saunders said would be too costly to pursue.
Penny Seacord, 61, of Bowie, serves as first vice president for the Maryland Homeowners' Association Inc., a nonprofit organization that works to protect the rights of homeowners in condominium and homeowners associations and cooperatives. Seacord said that in addition to Braveboy's suggestions for recourse, residents could hold a meeting to try to force a special election.
According to the community's bylaws, a member of the board of directors can be removed from their position by a majority vote from homeowners in a specific section of the neighborhood.
"Should they being doing it? It appears not. Can they do it? Obviously it appears they're doing it," she said. "It's very difficult for a homeowner to bring any problem and have any success if the board of directors refuses to respond."
E-mail Liz Skalski at eskalski@gazette.net.