Should Voting Members Call a Special Meeting?



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 work already done, will be dwarfed by the cost of the underlying lawsuit, which will include subpoenas, depositions, trial preparation, and trial time.

Me? I look forward to the trial. I shall expose the many failures of the Boards to comply with the CC&Rs and By-Laws over the years. 

Should the Voting Members tell the Board to settle with me, dismiss the lawsuit, rein in the ring leader, and comply with the CC&Rs, By-Laws, the Procedures Reference Manual, and the other Guidelines of the HOA?

And, if the Board won't, should the Voting Members remove them and replace them with Directors who will follow the Governing Documents?


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