Informal MeetingMay 28
Meeting to Discuss Path Forward
The developer has responded to our letter requesting the scheduling of the first annual meeting. Residents are meeting to discuss where things go from here.
Read moreCurrent State
HOA Transition Status
🔴 Overdue
Expected
Q2 2026
First Organizational Meeting
The HOA's required first organizational meeting has not been held. Per the community's governing documents, this meeting is now overdue. The developer has been contacted and has pledged to schedule the annual meeting soon.
No meeting has been scheduled as of May 26, 2026
🟡 Pending
Status
Unscheduled
Board Election
No election for HOA board members has been held. Per the community's governing documents, the first election is held at the required first annual meeting. At that meeting, residents have the right to vote for and run as board members.
Resident nominations and votes not yet opened
🔵 In Progress
Developer → Resident Governance Transition
The Woods at Hidden Creek is currently transitioning from developer-controlled HOA governance to an elected resident board. The transition requires a formal organizational meeting and a resident election.
Transition Checklist
Organizational meeting held
Board election conducted
Governing docs available
Resident board seated
⚖️ Legal Context
Board Eligibility Rules
Under Delaware law, directors of a corporation — including a nonprofit homeowners association like ours — must be natural persons (individual human beings). An entity such as an LLC cannot serve as a director.
In our community, membership in the HOA is based on record ownership of a Lot. The developer's LLC (RT 71 Properties, LLC) qualifies as a "Member" of the Association because it owns unsold lots, and therefore receives one vote per lot it owns. However, individual employees, officers, or agents of that LLC are not automatically Members of the HOA in their personal capacity. They would only qualify as Members if they personally hold record title to a lot.
The Bylaws created one narrow exception: the initial Board (currently a single developer-appointed director) could include "agents of the developer." That exception was time-limited. After the first annual meeting of the Members — which the Bylaws require within three years of the first lot settlement — all directors must be Members of the Corporation (individual lot owners who are natural persons).
As a result, once the first annual meeting occurs and a new board is elected, the developer's LLC cannot appoint or designate its employees or agents to serve on the Board. Only individual homeowners (or other record lot owners) are eligible to serve as directors going forward.
Key sources: Bylaws Article IV, Section 1 and Article XV; Certificate of Incorporation (FIFTH paragraph); 8 Del. C. § 141(b).
Resources
Community Documents
Community Bylaws
Operating rules for the HOA including meeting procedures, elections, and board duties.
View document
Certificate of Incorporation
The founding document creating the HOA as a Delaware nonprofit corporation.
View document
Declaration of Covenants
CC&Rs — the foundational rules governing all property in the community.
View document
Updates
Latest Announcements
Documents
Governing Documents Now Available for Download
Official governing documents: Bylaws, Certificate of Incorporation, and Declaration of Covenants.
Read moreResident MeetingFeb 27
Informal Resident Meeting Held
Residents met to discuss ongoing issues with management of the neighborhood and plan to gain board representation.
Read more