HOA Seeks TRO Against Gus


Why is The Summit's HOA seeking a Temporary Restraining Order (TRO) against Gus Philpott?

What is it that the HOA doesn't want you, the homeowner, to know about operations of the HOA?

Does the HOA keep you adequately informed of its financial operations? (For example, Variances (over-spending) are shown in the monthly Financial Operating Results, but they are not totaled and never commented on.)

Or about other operations, such as failing to guide Neighborhoods to hold Annual Neighborhood Meetings and elect legitimate Voting Members to represent them? 

Perhaps board members are having difficulty with the word "Annual". They should buy five minutes of the lawyer's time for a definition of "Annual". Or they could read it here; it means "yearly", as in every year.

Why aren't there meaningful communications between the HOA (the Board) and the Members? The Summit Scoop certainly doesn't qualify. (Ex., See the President's Report in the January 2025 issue.) Will it improve with the new CAMS employee in charge of it?

The Summit's HOA consists of 2,480 properties and perhaps 6,-8,000 residents. It's like a small town. Small towns have newspapers!

Nobody else is telling you what is really happening. Is that why the HOA is trying to silence me?

My experience with insurance, the law, lawyers, and HOAs (I was Treasurer of a 240-home HOA in Colorado) all helps me understand HOA operations.

Because I can, and do, read and understand the CC&Rs, the By-Laws, and the PRM, I understand much about how the Boards of this HOA have failed, and are failing, to comply with the Governing Documents of this HOA.

Boards could have considered my suggestions and ideas in the emails I've sent to them. At many points they might have said, "Let's talk about this."

The lawyers, past and present, should have told them, "You must comply with the CC&Rs, the By-Laws, and the PRM."

The HOA released the 2023 Annual Audit in January 2025. Why so late? The Board received it from the Auditor in September 2024. Why did it delay over 100 days before releasing it? Whose brilliant decision was that? Was it the Board's decision or did one person decide?

When other board members don't agree with the HOA President, do they object? Do they call for a vote? Are the votes recorded?

Directors on the Board represent you, the homeowner. They should stick up for you, not for the Board.

Have you examined the 2023 Annual Audit? It's on the HOA's website now. Can you understand it without a CPA's help to explain what all those numbers in parentheses really mean?

The 2024 Budget Year started with a deficit of almost $28,000. It's right there on paper, but did you see it? Do you know that the PRM (Procedures Reference Manual) requires a balanced budget? Expenses are not to exceed income. The HOA is not supposed to start with a deficit. Why did it?

The 2025 Budget Year did not start with a deficit. But it did start with insufficient money in important accounts. For example, Line 5040 (Pool Maintenance Contract) is only $1,049. For the year! The Pool Maintenance Contract, approved by the Board on January 7, 2025, is for $32,081.45. Why would the Board approve that, if only $1,049 is in the budget. Yet they did it, without any reference to the Budget? 

That Line Item (5040) is already over-spent by $31,000+.

This is what the HOA is trying to silence.


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