Are Rumors Ever True?

I heard a rumor that the Summit's HOA was sitting on a $6,500 bill for legal services from its law firm, Turner Padget. 

My guess is that bill represented the legal work done in December 2024 to sue me (Gus Philpott). On December 28, 2024, the HOA filed a Summons and Complaint against me in Richland County Court of Common Pleas, along with a Motion for a Temporary Restraining Order supported by an Affidavit of the HOA President, Danny Trapp.

A bill for $6,500 might cover the legal work in those actions.

Why wouldn't that bill be approved for payment?

I can think of several reasons:
  • Starting a legal action like that is prohibited (CC&Rs, Art. XIII, Section 10), without the approval of the Voting Members (which the Board never sought or gained);
  • The Board never approved, by vote in a monthly board meeting, that legal action;
  • The Board never authorized, by Resolution, the President of the HOA to commence that legal action;
  • The Board also had never approved, by vote in a monthly board meeting, the President to direct the law firm to send me (Gus Philpott) a Cease and Desist Letter in August 2024; and
  • The Board never directed the attorney, in an open board meeting, to refuse to communicate with me, when I asked him the reasons for the Cease and Desist Letter.
Will the HOA's law firm have to sue the HOA for payment for its legal services?

There will be large legal bills for the February 11, 2025 Hearing (two attorneys) and for the March 20, 2025 Hearing (one senior attorney).

Somebody ought to be asking three questions:
  1. How much has this case cost so far?
  2. How much will it cost from now on?
  3. Should the HOA admit its error and settle with Gus Philpott now to get out of it?

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