Lawsuit - Hot Item for July 1st Board Meeting

At the July 1st Board meeting, this issue should come up for discussion and vote.

The Board never voted to start the lawsuit against Gus Philpott (me) on December 28, 2024. The CC&Rs (Art. XIII, §10) prohibit it without the approval of the Voting Members. The Board never sought or gained that approval. How did the lawsuit get started without Board approval?

The Board also never authorized Danny Trapp, the President, to tell the attorneys to file the lawsuit or the Motion for the TRO? Did Danny do that on his own?

Did the Board ever discuss the potential cost of the lawsuit and determine where the money would come from?

On July 1st a Board Member should make a Motion to stop the lawsuit and settle with me. Another board member should second the Motion. Then there should be a thorough discussion, followed by a vote. It should be a recorded vote, with the Minutes reporting how each director voted, yea or nay.

The Board and all its board members have a fiduciary obligation to do what is right for the HOA (2,480 Members). What is the Board trying to accomplish? If they have a grudge against me for speaking the truth about operations, they can send me nasty emails. But they shouldn't waste HOA assets/funds on a frivolous lawsuit.

The HOA violated the CC&Rs by starting the lawsuit. The HOA continues to waste funds to pursue the case.

The Board can discuss this issue publicly without naming me. But I have no objection to their mentioning my name. I authorize the HOA to associate my name publicly with that lawsuit. After all, it is already public record. Tomorrow morning I shall formally waive confidentiality by sending a message to the HOA's law firm.

Personally, I do not care if the case continues. I've done well in court so far, representing myself. I shall represent myself on July 24th, when the Court holds a hearing on the HOA's Motion to hold me in Contempt. 

The HOA is fighting a losing battle. They lost big-time when the judge denied three HOA requests that, if granted, would have trampled my First Amendment rights.

In the words of President George W. Bush on July 2, 2003, "Bring it on."

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