What is O.P.M.?

O.P.M.?  Other Peoples' Money. 

Whose money is the Association spending? Your money! The money you pay in Assessment fees is funding this legal action. How much will the final cost be?

I've been informed that Danny Trapp has told the other members of the Board of Directors that only he can speak to the attorney.

There are six other people on the Board: Tanisha Holmes, Ciara Bates, LaToya Adams, Brenda Bryant, Linda Potter, and Patricia Pollin. 

They should exercise leadership and independence and not play Follow the Leader.

Pollin was absent from the January and February Board meetings. No excused absence was stated at either meeting. Is she still on the Board? If she misses the March meeting, that would be her third unexcused absence, and the Board of Directors could remove her. (By-Laws, Art. III. A, §7, ¶2). 

If the Board did remove Pollin or if she resigned, then the Board should declare a vacancy and appoint her successor to serve the remainder of her 2023-2025 term-of-office, which ends in November 2025.

There is no record in any of the 2024 Minutes of Board meetings that the Board approved legal action against me. They didn't discuss or approve a Cease and Desist Letter. They didn't discuss or approve filing of a Summons and Complaint against me. They didn't discuss or approve seeking a Temporary Retraining Order or Preliminary Injunction.

The Board also never discussed or approved the anticipated cost of these legal actions. 

Maybe the reason that the Board never did any of those things is because the HOA cannot commence a judicial proceeding against me without the approval of Voting Members. (CC&Rs, Art. XIII, §10)

And they aren't enough legitimate Voting Members to give their approval.

Why did Danny Trapp, President of the HOA, proceed without the approval of the Board of Directors?

The legal ball began rolling against me before the November 2024 election of directors. Prior to that election, the Directors were Danny Trapp, Brenda Bryant, Tanisha Holmes, Linda Potter, Dennis Rybicki, Patricia Pollin, and one vacancy (Tommy Williams resigned in May 2024 (his resignation was never announced, and his successor was never appointed)).

So who should really foot the legal bill for these actions?

If the rest of the Board becomes upset with Danny for spending thousands of dollars on legal fees without the approval of the Board, the board could, by vote, remove Danny as President. (By-Laws, Art. IV, §3)

The other Board members can't remove him from the Board; only Voting Members can do that. There aren't enough legitimate Voting Members to do that, just like there weren't enough legitimate Voting Members to elect him in November 2023.

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