Catch-22 for HOA's Attorney?

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 Padget that hasn't been paid yet.

Plus there will be a legal bill for the February 11, 2025 TRO hearing, at which two Turner Padget attorneys were present, and other legal work on this case.

There will be a legal bill for the March 20, 2025 Hearing on my three Motions, at which one Turner Padget attorney was present.

Here's the tricky part for Turner Padget, which represents the Association (not the Board of Directors or Danny Trapp, the HOA's president). 

This entire legal action against Gus Philpott is prohibited by the CC&Rs (Art. XIII, Section 10 Litigation), unless approved in advance by the Voting Members. 

Upon information and belief, the Voting Members were never asked to approve it. Before the Voting Members could have approved it, they were required by the CC&Rs to get approval of 75% of their respective homeowners. They didn't. 

There is no record that the Voting Members ever approved it. More importantly, there aren't enough legitimate Voting Member to have approved it, even if they had been asked.

Will Turner Padget have to sue the HOA for payment of its legal bills? And will they also have to defend the HOA, because the lawsuit was not allowed by the CC&Rs and because the Board of Directors never approved suing Gus?

I suspect that they can't do both.

"The CC&Rs don't allow you to sue Gus without advance approval of the Voting Members. You must comply with the CC&Rs." Is that what the lawyers should have told Danny Trapp in August and again in December?

How did Danny Trapp initiate the Cease and Desist Letter, the lawsuit, and the TRO without the approval of the Board of Directors? 

The lawsuit and the TRO are unauthorized legal actions by the HOA. HOA funds should not be used to pay the legal bills for it.

If you agree with this position, attend the next Board meeting (June 3, 2025) and tell them what you want them to do.

Should the Members (homeowners (you)) be getting legal advice from the Association's attorney, Turner Padget?

* "The Defendant's status as a mere resident ..." is found in Plaintiff's Omnibus Response (Section III, Page 8), filed in the Court of Common Pleas on March 19, 2025.

Judge Coble will be reminded of the attorney's disrespectful language at the next court hearing.

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