While still awaiting an opinion from legal counsel, Tamarack's Board member says there should be no Board election until 2028. In a TownSQ exchange, he acknowledged that the Covenants use the words “last to occur” for a key election date. But in his opinion, the Covenants "should have said first to occur.” Homeowners are asking the Board to follow the actual written terms in the Covenants and hold the required election in October.
It defines the applicable date as the last to occur, when it should have been the first to occur.
Which date applies?
The Covenants tie the first election with staggered terms to a date called the “Applicable Date.” Staggered terms end in different years so homeowners can vote for a Board seat each year.
The treasurer said that date came when the developer handed over control in 2023. He said the wording was unusual and the Board would follow its attorney's advice.
The 13 homeowners who sent the August 20 notice point to the words “last to occur” and a listed date of May 1, 2026. They say those terms call for an election at the October 21 Annual Meeting.
Did the resignations start new terms?
The treasurer said the 2025 resignations meant “this created 3 new 3 year positions.” He said the first election for one-, two- and three-year terms could therefore happen in 2028.
Todd Banvich replied for the homeowners. He pointed to the rule that a replacement serves the “balance of the term,” along with the rule for an election each year. He asked for the 2025 nomination forms, vote totals and meeting minutes.
The treasurer said last year's forms listed three-year terms and that the previous Board and CASI ran the election. The exchange includes no written attorney opinion.
The November 2024 minutes record elections for a three-year term and the remaining two years of another term.
An offer to resolve the issue directly
The homeowners asked for an answer by September 18 and offered to meet before more legal costs were incurred.
In a September 15 community post, Stephen Warner said the group had tried to handle the issue through private messages. He wrote, “We did not ask for mediation.” He said the group hoped to avoid more legal fees and asked neighbors to keep comments respectful.
That post said the homeowners did not know whether the attorney's opinion had been written or sent to the Board. The full post and correspondence are below.