The Elephant in the Room

The Minutes for the May 7, 2024 Board Meeting state that The Summit's HOA has a new attorney.

Somehow, I missed that during the meeting. I heard the discussion about hiring a new attorney (Turner Padget), but I thought they postponed the decision because the cost for collections wasn't clear and specific.

The May Minutes contain this:

"Linda Potter made a motion to hire Turner Padget firm [sic] as our new attorney. Discussion was had [sic], Dennis 2nd [sic] the motion, all in favor, none opposed."

The Board should have received an Engagement Letter that spelled out the costs of services. Instead, it now looks like the board is writing a blank check to Turner Padget.

The Motion should have been separated from the motions to contract services or pay bills. The Motion should have been made by the President or the Secretary as a separate agenda item under New Business.

And what about terminating the services of McCabe, Trotter & Beverly, P.C., the current law firm? And settling accounts with them? Did the HOA challenge the legal bills associated with initially denying my access to the 2022 Annual Audit?

A serious question exists as to whether the current Board and Officers have the legal authority to discharge the former law firm and to retain a new law firm. Since they weren't "duly-elected" in compliance with the By-Laws, they are "acting as if" they are Directors and Officers, but they really aren't. Did they inform Turner Padget of this issue?

No one on a past board or the current board has been willing to discuss this with me, and no one has told me that I am wrong. I suggest an open meeting, with the By-Laws handy and the Association attorney there to referee. Let's resolve this issue of the legitimacy of the Board and the authority of the Officers to act.

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