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Drop the Lawsuit Without a Lawyer?

Does the HOA's Board of Directors need a lawyer to drop the lawsuit against resident Gus Philpott? Without pretending to give legal advice, since I'm not a lawyer, I believe the short answer is "No". The Board could meet and decide to dismiss the lawsuit. They could do this at the open, public, monthly Board Meeting on January 6, 2026. At that meeting, it could designate one officer (the VP? the Secretary?) to file a Motion to Dismiss the case and the TRO with the court. It could request an expedited hearing. There are a few legal niceties to observe: pay the filing fee of $25.00; inform me of the filing and the court date. After the Motion is filed, the Court will set a date for the hearing on the Motion. The President of the HOA should show up at Court. (Note: Danny Trapp never showed up at any of the court hearings in this case.) The hearing would be short and sweet.  The President of the Association would say, "We move to dismiss the case and terminate the TR...

Did Danny Inform the Full Board?

In October 2025 I contacted the HOA's law firm and requested a settlement conference. I could not contact the Board of Directors directly for two reasons; there is a Temporary Restraining Order against me that prohibits my contacting them about affairs of the Association, and they have representation active in the legal matter. I am representing myself; that's called pro se . I am  expected to act as an attorney acts, even though I am not one. On October 29th, when I contacted one of the attorneys who is representing the HOA, she replied that she would confer with her client (the HOA, meaning Danny Trapp, Board President). When I saw her in court on November 3rd, she offered a mediation with the earliest date of February. I declined mediation. I had wanted a  conference with the attorneys, not a mediated session. I have begun wondering whether Danny Trapp discussed that contact with the attorney between October 29th and November 3rd. Did he tell any of the other Board members?...

What's Next in the HOA's Lawsuit Against Gus?

The HOA's lawsuit against Gus Philpott is now a year old. It was filed on December 28, 2024 under the "leadership" of the former Board President, Danny Trapp. Danny Trapp was not re-elected to the Board on November 18, 2025 and ceased being the Board President on that date. Who took over giving orders to the HOA's attorney at Turner Padget? Between November 18th and December 1, the Association did not have a President. It also did not have a legitimate Secretary or Treasurer. Tanisha Holmes was the Board Vice-President during those 13 days. Was she giving instructions to the lawyers? Did the Board give her instructions or authority to deal with the attorney? What's coming up? Before the end of January, the date for a trial will be set for the week of February 5-9, 2026. The HOA will incur substantial legal fees, as the lawyers prepare for trial. The lawsuit could be settled in five minutes, if I could sit down with the Board of Directors. But I cannot, because of ...

How Much Has Lawsuit Against Gus Cost?

How much has the lawsuit by the HOA against Gus Philpott cost - so far? And how much more will it cost the HOA, before it's over? Danny Trapp caused the lawsuit to start. He was never authorized by the Board of Directors to do so. The Board of Directors never approved it. Furthermore, they couldn't approve it. Danny Trapp had the lawsuit filed in the name of the Association , even though the Board never approved it. Was it filed illegally? The Board should have been given an estimate of fees and costs in December 2024. The Board should have been asked to approve "up to $______" for lawsuit expenses. The Board couldn't have approved the lawsuit, even if it had wanted to. The CC&Rs (Art. XIII, §10) prohibit it!!! But what the heck! The HOA wasn't spending their own money. The Board was spending your money. Remember. It was that Board (the old Board of Danny Trapp and four directors who voted unquestioningly with him), not the "new" Board that was ...

Who Is Responsible?

 Who is responsible for publishing the Minutes of the November 18, 2025 Annual Meeting of Voting Members*? the Minutes of the November 18, 2025 Board Meeting? the Minutes of the 2025 Organizational Meeting** of the Board? (Should have been held on November 18, but was held on December 1.) the Minutes of the December 2, 2025 Board Meeting? the Financial Operating Results for September and October 2025. (The November 2025 Results should be available at the January 6, 2026 Board Meeting.) the 2024 Annual Report? the 2023 Forensic Internal Audit? the 2023 Forensic External Audit? the names of the Directors and their terms-of-office on the HOA's website? the names of the Officers of the HOA on its website? If any of these are still outstanding when the Board Meeting starts on January 6, will they be listed under Old Business? * This may be the most-important meeting of the Association, because 3-4 Directors are elected at this meeting. ** This is the board meeting at which officers a...

"Christmas Lawyer" beats HOA

A story on FoxNews today illustrates how a HOA should NOT operate. The "Christmas Lawyer", Jeremy Morris of near Hayden, Idaho, likes Christmas. The HOA into which he moved? Not so much. Read the story. The HOA and Morris ended up in court. A jury awarded him $75,000 in 2019. A judge overturned the award. The case eventually reached the SCOTUS. Then the case went to the U.S. Court of Appeals in the 9th Circuit.  Enter a moderator. According to the article,  "They (HOA) ended up paying us significantly more, ironically, than the jury awarded us many years ago. The jury previously awarded us $75,000 (in 2019), and I will tell you that we actually settled for significantly more than $75,000," Morris said. M orris estimated that the HOA spent over a million dollars fighting the $75,000 award. Remember, Board members of a HOA are not spending their own money. They are spending OPM - Other Peoples' Money. They spend the money of their Members. If it's your HOA, i...

Good News about the HOA

The good news for homeowners about the HOA is that the Board of Directors now has a strong leadership team in place for 2026. The HOA has a difficult financial year in front of it, because of the circumstances it inherited on November 18. The leadership team (the four officers) will meet it head-on, rather than burying problems out-of-sight. The officers now are Brenda Bryant, President; Jeff Lummel, Vice-President; Angelo Turley-Moore, Secretary; and Linda Potter, Treasurer. Homeowners (Members) should remember that the Board members are homeowners and unpaid volunteers. Well, not quite "volunteers", because they were elected. Board members should be able to rely on strong support from a professional HOA management company with the experience and knowledge to lead them through murky waters. One of the first things the new Board will want to do is extricate the HOA from the illegal lawsuit that was filed in its name in December 2024. That lawsuit was filed in the name of the ...