Barony Place I/Barony Place II

This post has nothing to do with the HOA. Or does it? Do you have any hurts in your life? You know what I mean. I don't necessarily mean "physical hurts". Watch this video with Ira Israel, a psychotherapist in the L.A. area.  https://iraisrael.com/Interview.mp4 Don't just "watch" it. Imagine that you are sitting there with Ira. Have your pad and pen ready. Take notes that only you will ever see. His message may just change your life. Now about the HOA and me. Am I mad at the HOA? Absolutely not. Danny Trapp, whom I believe is the instigator of the lawsuit (since he is the only contact with the HOA's lawyer and since the Board never voted to undertake the legal action against me) is just doing what Danny does. What am I learning? I'm learning how to defend myself in court, how to write legal documents, How to file Motions in court, how to prepare for court, how lawyers take on cases they shouldn't be (the CC&Rs prohibit this case, without the ...

For years I have asserted that there are no legitimate, duly-elected  Directors on the Board, and so there is no legitimate Board of Directors as required of non-profit corporations in South Carolina. The reason, I have explained, is that there haven't been legitimate, duly-elected Voting Members to elect those Directors. And if no duly-elected Directors, then there can be no officers of the HOA. No President. No Vice President. No Secretary. No Treasurer. How are vacancies on the Board handled? The Directors appoint successors. But if the Directors themselves are not legitimate, then they cannot appoint successors to fill those vacancies. Any successors they do appoint are also illegitimate. The (illegitimate) Directors also cannot appoint chairmen of committees, such as the Neighborhood Committee, the Finance Committee, Modifications, Covenants, Nominating Committee. And now there are two Director vacancies to be filled. A third Director vacancy is on the way,  because a Di...

The HOA office sent out an email at 3:29PM that read, in part, Due to Brookland Baptist Church being unavailable to accommodate the scheduled Board of Directors meeting on June 3rd, the meeting will now be held at the Summit Association office. Please note that space is limited at this location; therefore, only Voting Members and Committee Chairs will be invited to attend in person. One would think they would splash a message on the homepage of the HOA's website and change the location in the Calendar on the website; but No to both.  This last-minute change is highly adverse to the interests of the Members of the Association. The HOA must have some deal with Brookland Baptist Church Northeast for the rental of the meeting room. The dates must be arranged for the year. The HOA makes a "donation" to the Church for the use of the room. It's actually not a "donation", because the HOA receives something of value in exchange; i.e., the use of the meeting room.  Wh...

If you have attended a Board of Directors meeting of The Summit's HOA in the past six months, you have observed chaos. Especially on April 1, so I have been told. A while back, the HOA President, Danny Trapp,  would open the meeting in a voice so low many didn't even know the meeting was starting. After the Law Enforcement report (often, far too lengthy), he announced a public comment period.  Each speaker was to get two minutes. But he never used a timer and never cut anyone off, even after 8-10 minutes of rambling. Here's how to do it and keep control. Appoint a time-keeper. Ask a board member to start the public comment period, so that Danny could pay close attention to what was said. After all,  he's the President. Ask speakers to line up at the side of the room. Tell them: "Hold up the microphone. State your name and neighborhood, and you'll have two minutes. Contact the office tomorrow for any next steps. Please begin now." At the end of two minutes,...

We are living in wonderful and unusual times. How many people have the opportunity to live in a HOA at a time when there are suddenly three, and maybe four, openings on the Board of Directors (BOD)? All within less-than-30 days! About ten days ago the Secretary resigned from the BOD. Since then, the Treasurer resigned. She's moving out of The Summit. That's two. Where do I get #3? A couple of years I got a tip from a long-time Member that one of the board members could not be a director, because he was not a homeowner. I found the pertinent Section in the CC&Rs or the By-Laws, but I didn't find a following Section that said he could be a director, because he was married to a homeowner. I was wrong, and I apologized to him. But this got me thinking about the requirements for directors, and I did some homework on the current Board. Without doxing anyone, I found that the all the directors, including the officers, do live in The Summit. However, there is one director who ...

How would you like a great job? Reasonable hours; some Saturdays Close to home Free parking Friendly people (some of them) Variety of duties Decent pay Do you have Good communication skills? Good computer skills? a Driver's License? Are you Polite? Responsible? Punctual? Honest? Friendly? a fast learner? able to start immediately? able to work without close supervision? See Teresa at The Summit's HOA office. This "ad" is not approved by the HOA. In fact, it might be a good idea not to mention where you saw it.

An article on DailyWire.com is titled: " DOJ: North Carolina Violated 'Sacred Trust' With Faulty Election Rolls ." (You may not be able to read it, if there is a paywall.) The lead sentence is, "Accurate voter registration rolls are critical to ensure that elections in North Carolina are conducted fairly, accurately, and without fraud." How could we relate this to The Summit's HOA? Prior to the election of directors in November 2024, I urged the Board and the HOA to tighten voter requirements. Homeowners don't elect Directors. Voting Members elect Directors. The rules are clear in the By-Laws. The "voters" for Directors are the Voting Members. I suggested that the office should certify to the Secretary (Tanisha Holmes) the names of the official, bonafide, legitimate, duly-elected Voting Members and their neighborhoods. In order for the November 12, 2024 Annual Meeting of Voting Members to convene, a quorum of (legitimate) Voting Members had...

The following message has been sent to the Nominating Committee of the HOA. Their names are listed in The Summit Scoop and on the HOA's website. Please forward to Carmen Claud. Good morning, Members of the Nominating Committee,  You may already know that the HOA no longer has a Secretary. This creates a vacancy on the Board, which should be  announced  to the Members.  The Nominating Committee is to recommend a suitable candidate for the Board to appoint. I hope you can find one who will be level-headed and independent, who won't follow the herd, who will comply with the CC&Rs, By-Laws, PRM, and other Guidelines, and who will actually represent the Members of the Association as an independent, at-large Director.  A candidate for Director should be a quality candidate of the highest caliber, having strong interpersonal skills, dedicated to the betterment of the Association and the community, and free of any personal agenda.  (PRM, Art. II, §B, ¶2) The Pr...

This afternoon (May 27) the office of The Summit's HOA sent out an email announcing that the HOA office will be closed on Saturdays. The email read, "Please be advised that the Summit Association office will not be open on Saturdays at this time.   "We apologize for any inconvenience this may cause and appreciate your understanding." Is there a staffing problem? The Summit's HOA office is operated by two female employees of CAMS, a North Carolina HOA management firm. The HOA has a two-year contract with CAMS, which runs through December 31, 2025. Why isn't the office open?  The email gave no explanation to Members or residents for the closing. Which officer on the BOD is responsible for seeing that CAMS performs under the contract? Saturday is an important day for HOA  office hours . Homeowners who work normal business hours Monday-Friday have only Saturdays to contact the office with questions or go to the office to get their Summit IDs updated or to pick up...

How important is transparency of HOA operations to Members (homeowners) of The Summit HOA? Is it important at all ? The February 2025 financials have not been posted yet. The March 2025 financials have not been posted yet. The May 2025 BOD Minutes have not been posted yet. The 2023 Internal Forensic Audit has not been posted yet. The 2023 External Forensic Audit has not been posted yet. How did the HOA launch an unauthorized lawsuit against resident Gus Philpott without approval of the Voting Members and without approval of the Board of Directors? How much has that lawsuit cost the HOA so far? How much will it cost in the future? What is the true, complete story about debt owed to the HOA by delinquent Members?  Why does the HOA tolerate 27 Neighborhoods not having legitimate, duly-elected Neighborhood Committees and Voting Members? Why is the President attempting to prohibit public comments at monthly BOD meetings? Why is the President attempting to prohibit residents of th...

Every year the HOA is to provide an annual report to the Members (homeowners). This requirement is found in the By-Laws at Art. III, §C, ¶19(g) Accounts and Reports , starting on Page 7. "(g) an annual report consisting of at least the following shall be distributed to all Members within one hundred twenty (120) days after the close of the fiscal year: (1) a balance sheet; (2) an operating (income) statement; and (3) a statement of changes in financial position for the fiscal year. The annual report referred to above shall be prepared on an audited or reviewed basis, as determined by the Board, by an independent public accountant; ..." The fiscal year closes on December 31. When is this annual report due? May 1, 2025 Did you get your report? Has The Summit HOA sent out any report of this type in the past seven years?  The Board can choose whether it is an "audited or reviewed" report, but it has to be done by an independent accountant. The PRM is a little more lenie...

On May 8th the office emailed The Summit Scoop (May 2025) to homeowners and residents who have email addresses on file with the office. But the office never posted the May edition on the HOA's website. There are two places on the website where The Summer Scoop can normally be found. It's not in either one. So add this to the list of documents not published by the HOA.  May 2025 Summit Scoop February 2025 Financial Operating Results March 2025 Financial Operating Results May 6 BOD Meeting Minutes 2023 Internal Forensic Audit 2023 External Forensic Audit What has happened in the office? Has there been more turn-over? Or have procedures been changed but not announced?

If The Summit had a newspaper or an active website, Members would know by now that the HOA has no Secretary and that a vacancy exists on the Board of Directors. How did this happen? Director and Secretary Ciara Bates resigned from the Board. What happens now? The Board must elect a new Secretary. That office is NOT appointed by the President. The President should announce the vacancy on the Board and begin the process for appointment of a successor to fill the vacancy. Ciara was elected last November to a two-year term, which runs until November 2026. Her successor will serve the remainder of her term-of-office. One big problem is there is no Chairman of the Nominating Committee. The Summit Scoop has reflected since December 2024 that the committee has no chairman. The HOA's website lists no chairman of the Nominating Committee.* The Nominating Committee has five members (Mike Bryant, Carmen Cloud, James Glenn, Jeff Lummel, Kristie O'Brian), but no chairman.  Why didn't Dan...

A new Facebook group has been created for homeowners and residents in The Summit. Its name is "The Summit Community Neighborhood, NE Columbia". To view the group, click here . It's a private group, but you will be welcome. To join the group, just click on the right button on the FB page. There is a spot where you can indicate in which of the 28 Neighborhoods you live. I believe this Facebook group may have been started asanindividual's initiative to contribute to the community and don't think it is an "official", recognized, or sponsored HOA page. Be sure to thank the woman who started it.

Does it matter if the homeowners (Members of the Assn.) have control over the HOA? Why should it matter? It's just your money. At this time the homeowners have no control over the HOA. This is because 27 of the 28 Neighborhoods in The Summit do not have a legitimate Voting Member, duly-elected in compliance with the By-Laws. Twenty-three (23) of the Neighborhoods have "Voting Members" that are recognized by the Board, but it is believed that none of those neighborhoods has had the required Annual Neighborhood Meeting to elect the Neighborhood Committee, which then elects its (legitimate) Voting Member. They are not legitimate Voting Members. Four Neighborhoods, representing 19.6% of the homeowners, don't have any Voting Member at all, legitimate or not. Why does the Board allow that? One or more homeowners should stand up at a monthly meeting of the Board and ask that question. Demand an answer at that meeting . Don't accept, "We'll get back to you" ...

Before the HOA office shuts down for the three-day week-end (May 24-26), will it make time to  publish the May 6th BOD meeting Minutes? publish the February 2025 Financial Operating Results? publish the March 2025 Financial Operating Results? If the Minutes of the May 6th Board meeting were prepared on May 7th, while they were still fresh in the mind of the recording secretary, and then sent out to Board members for review and approval, they could have been published by May 16th. The Minutes are how Association Members learn what happened at the Board meeting. The May 6th Minutes have not yet been published on the HOA's website (May 23). The February 2025 Financial Operating Results were available at the April 1st BOD meeting and should have been published on the HOA's website by April 2. The March 2025 Financial Operating Results were available at the May 6th BOD meeting and should have been published on the HOA's website by May 7.  Is there a valid reason that the Board...

HOAs can do no wrong; right? Wrong. Read this article on WISTV.com about a Conyers, Georgia HOA and one of its homeowners.  The story speaks for itself. It's worth reading. Does anyone know how many lawsuits involve The Summit's HOA? Has anyone every seen a report by the HOA that describes the number and type of lawsuits? Are there any lawsuits against the HOA?  Has The Summit's HOA started any lawsuits, other than the one against me (Gus Philpott), that were not specifically authorized in the CC&Rs? See Art. XIII, Section 10 Litigation in the CC&Rs.

Would homeowners in The Summit like to see an online maintenance log? How often do you see street lights out on Summit Parkway and wonder if the office knows about them? Or wonder just how long the falls at the Clemson Road entrance have been off? Or notice some other item that merits the HOA's attention? The Summit is like a small town of 2,480 homes. If the HOA had an online maintenance log, any homeowner or resident could enter a maintenance request. Then the webpage manager would review the request and enter it into the appropriate category and begin tracking work on it. Columns could include date reported; date entered into the log; date assigned for repair; person responsible for item; priority of the request could be listed; reason for delay; estimated cost of repair; estimated completion of work request; date actually completed. Actual cost of repair. If I were to request such a log, it's a sure thing that the suggestion would go in the Round File. Perhaps it won't,...

Is the HOA's attorney in a position where he might have to sue the HOA for payment for legal services? Substantial legal work has been done on a lawsuit against Gus Philpott (me), a "mere resident" * in The Summit (according to Turner Padget). On August 28, 2024 the HOA's new law firm, Turner Padget, sent Gus a Cease and Desist Letter. The lawsuit says I ignored that Letter. I didn't. I quickly asked for details. The attorney replied that he didn't have to communicate with me because I was not a homeowner. Legal bills (Line 6500) paid in September, October, November, and December totaled $5,807.27 ($2510.60 + $1341.48 + $1465.19 + $490.00). It is unknown, so far, what portion of that was for legal matters involving the case against me. On December 28, 2024 the HOA, through Turner Padget, sued me and filed for a TRO. Legal bills (Line 6500) paid by the HOA for January and February totaled $835.00 ($530.00 = $305.00). There may be a $6,500 bill from Turner Padge...

From the office of The Summit's HOA this afternoon: The Magnolia Pool will be closed until further notice due to an issue with the pool pumps not operating properly.   We apologize for any inconvenience this may cause and appreciate your patience as we work diligently to resolve the issue.   How meaningful are boiler-plate apologies and expressions of appreciation for anticipated patience? And what's up with the "work diligently" to resolve the issue? Why not just state the fact of closure and say there will be a follow-up explanation with more detail and an estimated re-opening date? And then actually provide an informative follow-up. Why weren't the pumps operating properly? Was this preventable? Was there a pre-opening inspection? Is there a new pool-service firm? Did the HOA go with the lowest bidder? Did something fall through the cracks? Are Members of the HOA getting tired of being stroked and pacified? A little (good) information can go a long way. The Sum...

The office of The Summit's HOA emailed homeowners today: "You are receiving this message to inform you that Indigo Lake Dam is currently under an Emergency Order issued by the South Carolina Department of Environmental Services (SCDES). "The spillway conduit has separated in two known areas, resulting in significant erosion in the surrounding area. In response, the water level of the lake will be lowered for safety concerns and to allow the engineer to develop a comprehensive repair plan. "We appreciate your understanding and cooperation as we work to ensure the safety and long-term stability of the dam." For how many months (years) have the Ponds & Lakes Committee and the Board known about this and related problems? For many months the Board has heard reports from the Committee. There was a DHEC engineer involved until he retired, and there was some dispute over his services and the amount he was to be paid. Now there is an Emergency Order. What are the ...

Do you know that Association Members (homeowners) have the right to access a considerable amount of HOA records? Art. VI, Section 4 Books and Records  (Page 11) of the By-Laws makes for good reading.  (a) Inspection by Members and Mortgagees. The Declaration, By-Laws and Articles of Incorporation, any amendments to the foregoing, the rules and regulations of the Association, the membership register, books of account, and the minutes of meetings of the Members, the Board, and committees shall be made available for inspection and copying by any holder, insurer or guarantor of a first Mortgage on a Unit, Member of the Association , or by the duly appointed representative of the foregoing, at any reasonable time and for a purpose reasonably related to his or her interest in the Unit at the office of the Association or at such other place within the Properties as the Board shall prescribe. [ emphasis added ] What can you do? You can inspect and copy. If you request copies, you'll...

If you are a homeowner in The Summit's HOA, do you read the monthly financial reports? No? Should you? These are reports about how your money is being spent. It is important to care more than just whether the HOA cashes your $255 check on time twice a year. The Financial Operating Results can be found at    https://www.summithomeowners.com/info.php?pnum=45f637a48b6f80&preview=1 The February 2025 Financial Operating Results were available at the April 1, 2025 board meeting and should have been published on the website by April 2. The March 2025 Financial Operating Results were available at the May 6, 2025 board meeting and should have been published on the website by May 7. Neither has been published. No explanation has been given to the Members (homeowners). Monthly Financial Operating Results have been published every month since January 2007, except December 2008 - January 2011. So, what has changed? Did CAMS forget to post them? Not likely. Did the President of the Boar...

Setting aside for a moment my premise that there is only one (1) legitimate, duly-elected Voting Member in the entire HOA (instead of 28), should the Voting Members convene a Special-Called Meeting and discuss the unauthorized lawsuit against Gus Philpott (me) and  what its cost to the HOA is? Should they determine who was behind the lawsuit and exactly how it got started? Should they be concerned that the CC&Rs strictly prohibit the lawsuit against me? (Art. XIII, §10) 75% of the Voting Members did not approve the lawsuit (and weren't even asked)? the BOD never approved the lawsuit? the BOD never authorized Danny to tell the lawyers to file the lawsuit? the BOD is not reining in Danny? the lawsuit could cost the HOA $30,-50,000? Is there an unpaid $6,500 bill for legal work in December? There is, or will be, a substantial legal bill for the February 11th TRO Hearing.  There is, or will be, a substantial legal bill for the March 20th Hearing on Motions. Those bills, for wo...

If you are a Voting Member of the Summit's HOA, or if you pretend that you are, please read this message. Ask yourself -  Am I a legitimate Voting Member? Did my neighborhood hold a Neighborhood Meeting within the last year (or so)? Was a quorum of homeowners (1/3) present, in-person and/or by proxy? At that meeting did the homeowners elect a three-member Neighborhood Committee? Was I duly-elected by the Neighborhood Committee for my local neighborhood? Was proper documentation provided to the HOA's office? Have I read the Voting Members/Alternates Memo concerning Voting Member/ Alternate Right [ sic ] & Responsibilities, found on the HOA's homepage under Neighborhood News? Is there any personal risk or liability for me to hold myself out as a "Voting Member", if I was not duly-elected in compliance with the By-Laws? Should I get advice from my own attorney? If I am not the legitimate, duly-elected Voting Member, what risk is there to me personally, if I att...

The property management firm for The Summit's HOA is CAMS. CAMS is not a newbie to the HOA property management scene. When the new lawyer for the HOA, Turner Padget, sent me (Gus Philpott) a Cease and Desist Letter last August, did CAMS give any advice to the Board of Directors? When the HOA prepared to launch a lawsuit and Motion for TRO against me in December 2024, did CAMS give any advice to the Board of Directors? Did CAMS say, "Hey, you need to read Article XIII, Section 10  Litigation  (Page 27) in your CC&Rs. You can't sue Gus without getting the approval of 75% of the Voting Members." Did CAMS say, "Tell your lawyer to read Article XIII, Section 10  Litigation  (Page 27) in your CC&Rs"? If they didn't, why not? Should that advice, if it was given, have been documented in the Manager's Notes that are included with the Minutes of monthly Board meetings? Is it there? The Property Management firm should be a strong partner of the Board, w...

Wouldn't it be nice if the Board of Directors issued a factual, true statement about the State of the FOB? Several years ago the HOA contracted with Johnson Controls to install electronic gate access at two pools and issue key fobs to all homeowners. Well, not actually "issue", but make available to those current in the dues to pick up at the office. The cost was over $40,000. Somebody probably remembers the year and the dollar amount. Justin Martin was President of the HOA at the time and led the effort. I always wondered where the money came from for that unplanned expense. As I recall, it hadn't been a Project and the money had not been budgeted. But a little concern like that never stopped any Board from charging ahead, once an idea had grown legs. There were those who thought it was a bad idea at the time. How has it turned out? There have been rumors of canceling the contract with Johnson Contracts. Or suing them for performance, since there were more than a few...