Harvest Creek Homeowners SHALL Have the Right to Vote on All Matters!

In a recent email on July 9, 2024, attorney Alanah Griffith states:

"That being said, after reviewing the votes, along with property records and lots who are behind on their dues (and therefore, not in good standing) the following was the total of votes: ... ...17 were not in good standing"

Alanah Grifitth then removes 17 Harvest Creek Homeowner votes from the total votes counted, thus taking away 17 Harvest Creek Homeowner's right to vote on Harvest Creek HOA matters. You can read the full letter here with the caveat that there are a lot of inaccurate or misleading information, so take it with a grain of salt as one persons opinion. More will follow on the other inaccuracies and contradictions in the letter.

We would provide a link here to show how Montana Code Annotated talks about "good standing" and voting in non-profit corporations, but to our knowledge nothing like that exists in the MCA. Perhaps we missed it. If you would like to take a look and pass it on to us feel free, but we do not see anything in the MCA that would allow a non=proft or homeowner's association to take away your vote.

The words "good standing" at no point appear in Harvest Creek HOA Covenants or Bylaws. There are other HOAs that have clauses about "good standing" however Harvest Creek is not one of them.

Here is what the Harvest Creek Covenants & Bylaws DO say.

ARTICLE IV

MEMBERSHIP INTEREST

Every person, group of persons, partnership, corporation, or association who is a fee owner of real property within the boundaries of the area described as Harvest Creek Subdivision according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, shall be a member of the Association.

and

ARTICLE VI

VOTING

Each membership interest as defined in Article IV of these Bylaws shall have one (I) vote on all matters to come before the Association meeting.

It would seem that simply by owning in Harvest Creek you are a member of the HOA and that all members shall be allowed to vote on all matters.

Also according to Alanah Griffith in the same July 8th, 2024 email, "the rule of thumb is that Covenants trump Bylaws as they run with the land and therefore have more power." So according to Alanah Griffith and the Harvest Covenants & Bylaws:

Harvest Creek Homeowners SHALL have one vote on all matters.

DO NOT LET YOUR VOTE GET THROWN AWAY!