Cost of December Legal Work?

On December 28, 2024 the Summit's HOA, through its attorney Turner Padget, filed a lawsuit against me (Gus Philpott) and filed a Motion for a Temporary Restraining Order.

Many billable hours must have been devoted to that legal matter, which involved a Summons and Complaint, the TRO, and an Affidavit of Danny Trapp, President of the HOA. 

The attorney would have had to interview Danny, gather his words and statements, collect "evidence", prepare documents, provide for them to be reviewed by Danny, update them for any changes and corrections, and then file them on December 28, 2024.

Did the attorney talk to any other Board members?

That legal work isn't cheap. Turner Padget is a large law firm on the upper floors at 1901 Main Street, Columbia. 

Did they submit a bill for their December work?

Has the HOA paid it?

The HOA has paid only $2,348.00 for legal fees (Line 6500) in the first three months of 2025.

  • January, $530.00
  • February, $305.00
  • March, $1513.00

What happened to the bill for all the work in December?

My biggest question is, why didn't the attorney tell Danny, "You can't sue Gus Philpott. The CC&Rs don't allow it, unless the Voting Members get the approval of 75% of their homeowners and then approve the lawsuit."

In the CC&Rs, Art. XIII, Section 10 is quite specific. 

How will the HOA (i.e., the Board of Directors) justify paying the legal fees for the lawsuit out of HOA funds, when they know that the CC&Rs prohibit the lawsuit without the advance approval of the Voting Members?

If the board members do authorize payment of that December bill, as well as the large bills for the February and March Hearings, will they become personally liable for mis-use of HOA funds?

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