HOA Seeks Restraining Order

Last week I received a Notice of Hearing from the lawyers for The Summit's HOA. The Hearing is for a Temporary Restraining Order (TRO) or Preliminary Injunction.

There was only a single piece of paper in the envelope, and it wasn't even sent by Certified Mail. I considered throwing it away, since there was no Proof of Delivery for it.

It's a good thing I didn't. Instead, I emailed the lawyers for the Exhibits that were mentioned in the Summons & Complaint that had been served on me, but which had been omitted in the documents served on me.

When the lawyer replied, she wrote, "My apologies for any confusion..." (What "confusion"?) The lawyer sent not only the Exhibits I requested, but also a Motion, Affidavit, and Exhibits that I suspect should have sent to me with the Notice of Hearing.

What if I hadn't requested the Exhibits that were missing from the Summons and Complaint?

I would have been blind-sided by the testimony presented in Court by Danny Trapp, assuming that he will be there to "tell the truth, the whole truth, and nothing but the truth."

I just about fell out of my chair as I read Exhibit A with the Motion for the TRO. Exhibit A is Danny Trapp's Affidavit, given under oath. I presume that one is sworn to state truthfully, but that word is not included anywhere in the Affidavit.

Among his sworn statements are:

"10. In my time as President, Mr. Philpott has been at every Association meeting and routinely behaved in a disruptive manner."
 
"12. On one occasion, Mr. Philpott said that he was going to 'come after' me, when I did not give in to his demands."

"15. I have, over the course of my time as President, received numerous complaints from Association and Board Members and volunteers about their interactions at [sic] Gus Philpott."

"17. Multiple people have expressed to me that they are afraid of Mr. Philpott."

"18. Mr. Philpott's behavior has disrupted the functioning of the Association and the Board, and it is my personal belief that the behavior will only continue to escalate if left unchecked."

Like to know the rest? Be sure to come to court on February 11th at 2:00PM.

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