What Could Be Clearer?
CC&Rs, Art. XIII, Section 10 Litigation. (It's not even hard to understand)
Section 10. Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by a vote of seventy-five (75%) percent of the Voting Members. In the case of such a vote, and notwithstanding anything contained in this Declaration or the Articles of Incorporation or By-Laws of the Association to the contrary, a Voting Member shall not vote in favor of bringing or prosecuting any such proceeding unless authorized to do so by a ‘vote of seventy-five (75%) percent of all Members of the Neighborhood represented by the Voting Member. This Section shall not apply, however, to (a) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens), (b) the imposition and collection of assessments as provided in Article X hereof, (c) proceedings involving challenges to ad valorem taxation, or (d) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. [emphasis added]
Did your Voting Member collect your vote?
There is only one legitimate Voting Member (Barony Place).
There is no written record in any Minutes of a Regular, Monthly meeting of the Board of Directors that the Board ever authorized Danny Trapp to go to the attorney.to complain about me; direct the law firm to send a Cease and Desist Letter on August 28, 2024; file a Summons and Complaint in court on December 30, 2024; seek a Temporary Restraining Order or Preliminary Injunction on December 30, 2024; or run up a big bill with the law firm.
Did the Board take action in a private, closed, secret, pre-board meeting, with no published Minutes?
If Danny Trapp did this without the authorization of the Board of Directors, what do you call that?
The Association can defend itself without a nod from the Voting Members, but it cannot pick a fight. And that is exactly what it has done.
The HOA doesn't have 2¢ to spare in 2025, and this is how they are spending your money. The next board meeting is March 4, 2025.
Please share this with your neighbors, friends and everyone you know who lives in The Summit's HOA.
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