Posts

Vernell's Complaint Answered

According to the Richland County Fifth Judicial Circuit Public Index, on March 5th* (Thursday) an Answer was filed to Vernell Butler's Complaint against four homeowners in The Summit. The four homeowners are Brenda Bryant, Thomas Lummel (known as Jeff), Linda Potter, and Angelo Turley-Moore. Vernell is a former Board Member and past Treasurer of the HOA. He applied to run for the Board and was selected by the Nominating Committee, which was chaired by Tanisha Holmes, Board Vice-President. Vernell, along with others, was slated as a candidate in the November 18, 2025 Board election.  Although he was nominated, he was not elected. Only one of the five candidates of the Nominating Committee was elected; that was Linda Potter. Four nominees of the Nominating Committee were not elected. Voting Members elected three good applicants who had not been nominated by the Nominating Committee as candidates. The Nominating Committee had no good reason to deny those three. Brenda Bryant (incumben...
Post a Comment
Read more

Why Does the HOA waste time and money?

At the monthly Board Meetings the hand-out includes the current issue of The Summit Scoop (5 pages). When the packet was distributed at the March 3, 2026 Board Meeting, I'm sure many attendees found it very helpful to receive a copy of the February HOA Calendar. (Snark, snark) It costs time and money to make many copies of those five pages for each packet. Why aren't people  thinking ? I recall watching a Jean Robertson comedy routine, in which she held her hands in front of her as if she were lovingly holding a person's head while she asked, "Is there anyone in there?" Why not put an announcement in the packet that directs homeowners and residents to the current issue of The Summit Scoop on the HOA's website? Or just mention it in the meeting? Or not say anything about it at all?
Post a Comment
Read more

Missed Opportunity

The HOA's Board of Directors missed a huge opportunity last month. On January 30th I requested a meeting with the Board.  Its lawsuit against me had been dismissed on January 13th. I was hoping for an opportunity to discuss some things and clear the air. Instead, I was told that the Board had voted unanimously not to offer me a settlement. The problem? I had not requested a settlement. I had requested a meeting . All the issues I've raised are not my issues. They are your issues. I don't mind waving your flag. In fact, I enjoy it! Just yesterday I told a friend on the phone that I'm glad South Carolina does not charge me an Amusement Tax for all the fun I've having.
Post a Comment
Read more

Should the BOD's Work Be Secretive?

How much of the Board's work should be secretive? How much should be confidential? Practically none, as I see it. As they see it? A lot. They don't want the Members knowing about a lot of it. For example, recently I wrote about the substantial decline in Reserves . Why didn't the Board discuss and vote on every withdrawal from Reserves? It's not their money. It's your money! The annuity is an issue that should be made public. I'm sure they like to sweep that one under the carpet. It's "only" $126,351. Who is the Annuitant? Who participated in the decision to buy it?  What are the details? An annuitant must be a living person? Who was the board member who is the Annuitant? Who participated in the decision to "invest" liquid funds in that less-than-liquid "investment"? What is its Actual Net Cash Value right now ? How many deadbeats are there out of 2,480 properties? Accounts Receivable (1/31/2026) are $703,252. Seriously??? If th...
Post a Comment
Read more

Did Crimes Occur?

When The Summit's HOA paid invoices from the law firm (Turner Padget) for legal fees and costs associated with the case against Gus Philpott, did a crime occur every time the HOA issued a check? When the Association filed the case (actually, Danny Trapp told the lawyers to file it) in December 2024, the Board of Directors had never voted on it. The Board never approved filing the lawsuit. In fact, the Board could not approve it, because the CC&Rs prohibit it without the prior approval of 75% of the Voting Members. The Voting Members were never asked to approve it, and they never did approve it. The HOA paid thousands of dollars in legal fees and costs. It's difficult to determine the total amount, because the HOA has not published monthly financial statements on its website since August 2025. At that time, Legal/Professional Fees (Line 6500) for eight months totaled $16,224.44. That total might include general legal advice and services, other than the lawsuit. I estimate th...
Post a Comment
Read more

For Whom Does the HOA's Attorney Work?

What's the right answer to that question, here in The Summit's HOA? Only one answer is correct. The Board President? The Board's leadership team (Pres., VP,  Sec'y., Treas.)? The Board of Directors? The management company? The Voting Members? The Members (homeowners) of the Association? The Association itself, composed of its 2,480 Members? All of the above? None of the above? "Association counsel are hired to advise boards and help them comply with the law. Their role is to protect the legal interests of the association as a whole — not merely to defend the actions of incumbent board leadership." This wise, clear statement in quotes comes from an industry newsletter I receive weekly from CIAMBA's SubStack. If you would like to see the entire email, request it from me and I shall forward it to you. In the not-too-distant past, I believe The Summit's HOA did not customarily use its attorney to advise the board. I also believe the attorney didn't hel...
Post a Comment
Read more

Wrong Defendants in Vernell's Case

Vernell Butler filed his case against Brenda Bryant, Linda Potter, Thomas (Jeff) Lummel, and Angelo Turley-Moore. Butler accused them of violating the South Carolina Nonprofit Corporation Act "by holding an invalid election to improperly seat board members..." Why didn't Vernell accuse the people who actually ran the election? The PRM (Art. III, §H, ¶14) states that "The Nominating Committee Chair or its designated representative will preside at the Election and will select several members from the audience to assist in the proceedings." The Nominating Committee Chair was Tanisha Holmes, not any one of the four Defendants. That Section raises the question as to whether the election of directors should be held during the open, November Board Meeting, not in the Annual Meeting of Voting Members. The PRM (Art. III, §H, ¶15) states that "The Election Secretary will call the roll of all the Voting Members to determine whether a quorum of 51% of all the voting me...
Post a Comment
Read more