Benjamin Crossing residents vote to remove board, but vote doesn't matter

LAFAYETTE, Ind. (WLFI) - People who live in the Benjamin Crossing subdivision on Lafayette's south side took a vote to remove the Home Owners Association board members, but the tally was meaningless.

The subdivision was quiet as around 70 people who live there met at Christ United Methodist Church. Homeowners spoke both for and against removing the current four Home Owners Association board members. No on-street parking was one of the main issues of contention.

"I know there are definitely some problems with the way things are being run but I think those people are doing a good job," said Benjamin Crossing resident Jeff Drake.

"There are times we need some parking on the street because there is no other place to put cars," said Benjamin Crossing resident Larry Letson.

Homeowners voted 180 to 22 to remove the board members, but the Home Owners Association attorney Tom Logan said there were two problems with the vote. First, homeowners can't remove board members, only other board members can vote someone out. Secondly, Two-thirds of lot owners must agree to changes, so 412 total votes were needed. Homeowners tell me they agreed to the vote they saw as futile because they wanted to remove board members legally. The attorney said the vote was permitted because home owners called for it. Many left the meeting frustrated, but all agreed they want what one man described as a neighborhood civil war to end.

"I do want to move past this as a community. I want the general consensus to speak and to be able to move on for everyone," said resident Rachel Heitkamp.

"Regardless of the outcome of the vote we'll be able to join together as a community and get some things fixed that are broken," said resident Shauna Caplinger

Some homeowners plan to meet again to see if they want to take the matter to court.  The Home Owners Association attorney said the board will hold its annual meeting in March 2011 and three positions, a majority, will be up for election.