HOA BOD put into place illegaly?

I have a question,
We moved into a new neighborhood (3 years ago) that had an earlier section started but 8 years earlier the builder went Bankrupt and Housing bubble popped.
The declaration states that when 1 of 2 things has occurred the Declarant can not put a Board Of Directors into place without there being a vote by 68% of community.
The conditions were as follows:
7 years has passed since Declaration filed OR 86% of the properties were sold. The latter condition goes on to state the class of the declarant then becomes class A instead of Class B giving them only 1 vote per remaining lot instead of 5. Essentially making them same voting status a resident.
The HOA had been run by a management company for 9 years and just up and appointed a BOD in the 9th year after declaration had been filed & the 85% of lots had been sold.
The way I read it the current BOD was put into power against the declaration we all signed.
I asked the management company about this and got a response as follows.
The current HOA BOD was picked by the declarant to be a temp situation and help a smooth transition. An election by proxy would take place in beginning of 2017. Well it is 2018 and now the TEMP BOD is pushing to make our private roads public, lower speed limits and a host of other extreme changes from the agreement we signed.
Can I get a Declaratory judgement to determine if the BOD is legally in place to make these changes? I have been pushing for 1 1/2 years to actually have an election and it keeps being swept under to rug. SC just passed that the state can have rule over Civil matters and determinations of improper actions by an HOA.
Any advice how I can get this BOD ousted and an election taken as written in the declaration??
Thanks in advance

Budd

You said:

SC just passed that the state can have rule over Civil matters and determinations of improper actions by an HOA.

Can you refer me to this?

Thanks

As to your post. it seems you have an improperly in place BOD meaning there should have been a BOD election in 2017. You may have little luck in getting the BOD to accept this unless it comes in the form of a letter from an attorney. Be less concerned what the BOD wants to do as the road thing could take forever and there is no guarantee the town/county will take them over.

Forget what the BOD wants to do. Work on that they are improperly in place and get a proper BOD elected.

Sorry I believe 85%
I will post the lines I am referring to later. Just busy today

If a judge rules that the current BOD was appointed illegally, wouldn't the remedy be to elect a new board by the owners? How long will it take to get a ruling and then schedule an election?

I recommend concentrating on forcing a new election, which would solve the problem. Your CC&Rs should require regular elections.

I'm not sure how the BOD could pass the extreme measures you are speaking of without owner approval but if they try, that would be something you could try to get a declaratory judgement on.

I think you clearly need an attorney.