Posts

Whom Does the HOA Attorney Represent?

Last May 7, 2024 the HOA's Board of Directors, upon motion by Linda Potter and second by Dennis Rybicki, voted unanimously to "hire" (retain) the law firm of Turner Padget. At the time the board really didn't seem to know how much the legal fees were going to be for important categories of legal services; ex., collection services, general legal advice, amendment of CC&Rs and By-Laws, etc. The Board had apparently not received an Engagement Letter, and subsequently the Board never authorized Danny Trapp to sign any Engagement Letter, which spells out services and fees. The Board never discussed in public how it would disengage itself from the law firm of McCabe, Trotter & Beverly, P.C., which had handled legal business for the HOA for years. That separation has never been discussed at a monthly board meeting. Was it ever completed? At what cost to the Association? The Question is, whom does Turner Padget represent? Since it was the Board that retained Turner Pa...

What Qualities Should Board Members Have?

What are the qualities you should expect from your Board of Directors? When the Nominating Committee examines the applications of candidates for the Board before elections are held each November, this is what they are supposed to look for. According to Art. II, §B, ¶2 (Page 8) of the Procedures Reference Manual,  The Nominating Committee "Provides quality candidates to hold office on the Board. Candidates will be of the highest caliber, selected for interpersonal skills, dedication to the betterment of the Association and community, and free of any personal agenda." How did the Nominating Committee do before the election in November 7, 2023, when Danny Trapp and Linda Potter were elected and Brenda Bryant and Greg Thomas were re-elected? (Greg Thomas resigned shortly after being elected.) How did the Nominating Committee do before the election in November 12, 2024, when LaToya Adams and Ciara Bates were elected and Tanisha Holmes was re-elected? All the directors are elected ...

Rate Your BOD: 4/1/25 Meeting

Did you attend the April 1st Board of Directors meeting? It was Standing Room Only (SRO); right? First time ever? Or, at least, in a very long time. How did the Board do? Did you feel that the Board listened to you? Did the Board respect you? Was the Board organized? Was the meeting run in accordance with generally-accepted meeting protocol or Robert's Rules of Order?  Could everyone hear? Were the microphone and the sound system used? Did the President control the meeting and call the room to order when multiple people spoke out at once? Is there anything you'd like the Board to know? Or that you'd like to say? You may know that I am under Court Order not to communicate with any of the seven directors, including the President, about affairs of the Association. I can, however, publish any comments or opinions that I receive from you. Enter your comments below. On a scale of 1-10, where one is Terrible and 10 is Great, how did they do? If you prefer to remain anonymous, emai...

Public Comment - Trampolines

Did the issue of trampolines ever make it to the floor of last night's Board meeting (4/1/2025)? I heard that somebody said it would be discussed "later", but later never came. How is Danny Trapp doing as President of the HOA? The Board can't remove him from the Board, but they can definitely elect someone else to be President. Should they do that? Is Danny's "leadership style" helping or harming the HOA? The Voting Members have the authority to remove a Director, so they could remove Danny. If they convened in a Special Meeting and discussed doing that, would I suddenly be Danny's BFF? Would Danny say, "You guys (except for Barony Place) aren't legitimate. You weren't duly-elected by your neighborhoods. You can't remove me!"

Can President Order a Motion Tabled?

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Did this really happen last night? One board member made a motion, and a second board member seconded it. Did Danny Trapp really declare that there wasn't going to be any vote and say the motion was tabled? Has Danny ever heard of Robert's Rules of Order (RONR)? Does he own a copy of it? Has he ever seen a copy? Has he ever held a copy of it? Has he ever tried to read any of RONR? When a Motion has been made and seconded, another board member (President or not) cannot just declare that there isn't going to be a vote! After the second, it is time for discussion. After discussion, there is a vote. The Board (not the President) determines whether the Motion passes or fails. Section 17 in RONR covers this. If Danny wanted to stop action on the Motion made and seconded, he should have made a secondary motion to table the primary motion. Then his secondary motion should have been discussed and voted on.  If Danny's secondary motion passed, then the primary motion is tabled. ...

Can the HOA Amend the CC&Rs? By-Laws?

The mechanism is in place, so that the HOA could amend its CC&Rs and the By-Laws. What is that mechanism? In the CC&Rs, read Art. XIII, Section 2 Amendment, ¶2  (Page 25). It reads, in part, "...  this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof of Voting Members representing seventy-five (75%) percent of the total Class “A” votes in the Association, including seventy-five (75%) percent of the... Members ..." There are 2,480 Members. 75% is 1,860. How many Voting Members are needed to hit that 1,860 mark? This is why it is critical to know how many homes there are in each Neighborhood. As of June 2024 the office did not know the correct number. The office gave me a list of Neighborhoods, and the number of homes totaled 2,595, which is 115 more homes than are assessed! How many Voting Members are there? One (1). Barony Place has the only legitimate Voting Member in the entire HOA. By "legitimate", I ...

Vandalism - Indigo Springs

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Why would someone vandalize this sign at the entrance to Indigo Springs? The wire frame was bent, and the sign was partially pulled off the frame. A concerned citizen straightened the frame and slid the sign back onto it. Will lndigo Springs hold a Neighborhood Meeting, with a quorum of its property owners present, and elect a (local) Neighborhood Committee that will elect a legitimate Voting Member? Is that what the office tells callers is required? Or does the office tell callers to "get signatures" on a form, in order to be recognized as a "Voting Member"?