Emergency ad hoc Committee Needed

The HOA commenced a lawsuit against Gus Philpott (me) on December 30, 2024, following up on a Cease and Desist Letter dated August 28, 2024 that was mailed to me. 

There is nothing in the Minutes of any Board of Directors meeting about this. The Board never discussed or approved it in a public, open, regular, monthly Board Meeting.

The legal action is in the name of the HOA. HOA funds are being spent. Is the Board aware of it? Did it ever approve it?

The CC&Rs prohibit the HOA from commencing "a judicial proceeding" of this type, unless it has been approved by the Voting Members. There are stringent requirements on the Voting Member approval. (SEE the CC&Rs, Art. XIII, §10 Litigation.)

Voting Member approval is not possible, because there is only one legitimate Voting Member.

Because this litigation is unauthorized (and expensive), the Board should immediately call a Special Meeting of the Board and establish an ad hoc Committee to investigate what is happening.

They should expect Danny Trapp, President of the HOA, to object and to vote against it. He is the one whose Verified Complaint is attached to the Summons and Complaint.

At least five Directors should be in favor of the ad hoc Committee. The Committee should report its findings in public at a board meeting.

Questions for the ad hoc Committee to address:

  • Did Danny initiate this legal action on his own without Board approval? 
  • How much is it costing the HOA? 
  • Where will the money come from? 
  • Are Danny's statements in the Verified Complaint true? 
  • Should the Board remove Danny as President?
  • Why won't Danny "let" any other Board member contact with the law firm? 
  • Why doesn't the Board over-ride him?

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