It All Started with a Parking Violation Notice

How did it all start? The HOA sent a Parking Violation Notice because a car was legally parked on the County road in front of the house in which I reside. When I questioned the authority of the HOA to enforce parking on the County road (street), the HOA President at the time told me, "I don't have to explain anything to you."

For five years I have been calling attention to the many areas in which the HOA is not complying with the CC&Rs, the By-Laws, and its own published Committee Guidelines. I started this blog in July 2020. There are now nearly 1,200 posts on this blog. For previous articles, click on Archive in the left sidebar.

When the HOA filed its unauthorized lawsuit against me on December 28, 2024, it also filed a Motion for a Temporary Restraining Order.

Among the six restraints it sought from the Richland County Court of Common Pleas were three that infringed on my First Amendment rights:
  • the HOA asked the Court to prohibit me from talking to any HOA residents about the affairs of the Association;
  • the HOA asked the Court to prohibit me from using social media to write about the affairs of the Association. That might have included this blog which you are reading right now; and
  • the HOA asked the Court to prohibit me from contacting any law enforcement agencies, including the S.C. Attorney General, about the affairs of the Association.
The Court did not grant any of those three.

The HOA also asked the Court 
  • to prohibit me from communicating with the board of directors;
  • to prohibit me from communicating with the office staff; and 
  • to prohibit me from attending meetings of the board or members.
The Court did grant those last three. So you won't see me at meetings.

The CC&Rs prohibit the lawsuit which the HOA started against me. See Art. XIII, §10 Litigation.
  • Your neighbors and you were never asked to approve the lawsuit. 
  • The Voting Members never approved the lawsuit.
  • The Board itself never approved the lawsuit. 
  • The Board never authorized the President (Danny Trapp) to tell the lawyers to file the lawsuit.
How much has the HOA spent on this unauthorized lawsuit so far? That secret is right up there next to the recipe for Kentucky Fried Chicken and McDonald's secret sauce. I'll bet all the board members don't even know. You might be able to find out if you ask the office or the Finance Committee.

Should you, the Members, get this HOA under control?

I have asked the South Carolina Attorney General and the Richland County Sheriff's Department to investigate the HOA.

Plus I have additional investigations under consideration.

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