Should You Be Upset?

If the HOA, of which you are a paying Member, takes an action that is prohibited by the CC&Rs and it costs you a lot of money, should you be upset?

And what action should you take, if you are upset?

Your HOA, The Summit Community Association, Inc. commenced a "judicial proceeding" (a lawsuit) against me (Gus Philpott) on December 28, 2024, that it was prohibited from starting.

Read Art. XIII, Section 10 Litigation in the CC&Rs. The Board did not seek the approval of the Voting Members, and it did not get the approval of the Voting Members. 

The Board did not vote in an open monthly Board Meeting to approve the lawsuit. The Board did not authorize the Board President to tell the lawyers to file the lawsuit or to request a Temporary Restraining Order.

When the President went to the law firm (Turner Padget, of Columbia), why didn't the lawyer tell him, "You can't sue Gus. The CC&Rs prohibit it, without the approval of the Voting Members"?

Did the HOA receive a bill in January from the law firm for $6,500? Why hasn't it been paid?

How much was the legal bill for the February 11, 2025 Hearing on the TRO? The HOA lost on the "big half" of the requests it made of the Court. And they should have, because they were infringements on my First Amendment rights.

How much was the legal bill for the March 20, 2025 court date to fight my three Motions that I filed?

How much were the fees for the lawyer to file a Motion for Contempt against me that is now scheduled for July 24, 2025?

How much will it cost for the lawyer(s) to show up in Court and and plead their Motion on July 24? Not one of the things of which they accuse me is a violation of the judge's Order of March 11, 2025.

Should you be upset at this waste of precious assets (funds) of the HOA? 

The Board is trying to shut me up. Don't they realize the easiest way is to just comply with the CC&Rs and the By-Laws?

What's wrong right now?

  • The HOA doesn't have a Treasurer.
  • The HOA doesn't have a Secretary.
  • The HOA Board has a person on it who is not entitled to be a Director.
  • The HOA does not have any legitimate officers.
  • The HOA does not have a legitimate Board of Directors.
  • Most of the "Voting Members" are not legitimate, duly-elected Neighborhood Representatives.
  • Nearly 20% of the homeowners are not represented at all.
  • The HOA will not be able to amend the CC&Rs and By-Laws, because there aren't enough legitimate Voting Members to approve the proposed amendments.
  • The HOA needs to raise the assessment by more than 10%, and it can't do so because there aren't enough legitimate Voting Members to approve the increase.

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