Bank Fraud?



According to the Summons & Complaint served on me on January 14, 2025, The Summit's HOA, through its attorney, asserts that I have accused "the Board and its members of bank fraud."

Where did Danny Trapp (the HOA's current "President") get that?

When I was kicked out of the December 17, 2024 Finance Committee meeting, on the way out the door I did say that my first phone call the next morning would be to the FBI. One of the Finance Committee members asked why, and I said "bank fraud."

Consider this:

The HOA has multiple accounts with Edward Jones, South Carolina Federal Credit Union, First Community Bank, and First Citizens Bank/CIT.

Somebody has to give directions to those institutions. Usually, it would be the Treasurer of the depositor (the HOA). Also, there are steps required by the Board before the Treasurer can give directions.

What if the person acting as Treasurer is not the legitimate Treasurer of the corporation (HOA)? If a person who is not the legitimate Treasurer gives instructions to a financial institution on behalf of the HOA, is that "bank fraud"? 

How could that person not be the legitimate Treasurer?

The Summit's HOA has no legitimate officers, because it has no legitimate directors to elect officers. Why not?

The Summit has no legitimate directors, because it had no (or at least an insufficient number of) legitimate Voting Members at the last two Annual Meetings of Voting Members (2024 and 2023). No elections of directors should have been held at either Meeting.

Why not? Because the HOA has allowed homeowners to claim to be "Voting Members" by "getting signatures" and/or remaining in position for years without Neighborhoods' holding the required Annual Neighborhood Meetings.

Voting Members have not been "duly-elected" by homeowners in their respective Neighborhoods, in compliance with the By-Laws. Directors have not been "duly-elected". Officers have not been "duly-elected." It's like dominos; when one falls, they all fall.

I have delayed calling the FBI. I did call SLED but no one called me back. The next choice is to file a report with RCSD. This would likely cause a major financial hardship for the HOA. Assets could be frozen, or accounts could be closed. 

Would the HOA be able to open new accounts with other institutions? Might those institutions look closely into why the HOA was opening new accounts?

The HOA has had years to fix this problem. All it had to do was educate the homeowners and assist them to hold Annual Neighborhood Meetings. That's exactly what the (HOA's) Neighborhood Committee is supposed to do.

Why hasn't it done so? Why hasn't CAMS been more effective in addressing this problem? Why haven't the lawyers told the HOA, "You must comply with the By-Laws!"

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