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Showing posts from July, 2025

Do you like your HOA?

Check out this short article on RocketMortgage.com "57% of HOA residents don't like having an HOA" Is the HOA the problem, or is it the leadership (the President and/or the officers of the board) or the entire Board of Directors? Click here for this article , published 3/4/2024. Sometimes, one apple spoils the barrel. Sometimes it takes 4-5. Sometimes, all the apples are rotten. Sometimes, you just have to throw away all the apples and start over. Keep in mind how your Board of Directors did not react to inflation in recent years and failed to increase the Annual Assessment. What did they do with the money that they collected from you that was budgeted for Reserves? Did it actually go into Reserves? When the required contribution to Reserves decreased, your dues didn't go down, did they? Did they use your money to fund increasing costs of Operations, instead of maintaining healthy contributions to Reserves? Without telling you? Did the Board tell you that "everyt...

Will Gus Counter-Sue?

In court yesterday (July 24) I informed the court that I may counter-sue the HOA. I am investigating how to do that. It won't be cheap for the HOA. Just like its lawsuit against me is not cheap for the HOA. My grounds for a suit against the HOA are extensive.  It will be expensive for the HOA to defend itself, and it will be expensive for the HOA when it loses. Should I worry about cleaning out the Reserves of the HOA? Not at all. Will the Members hold the Board responsible? Will the Members hold the Board Members responsible, individually and personally , since they breached their fiduciary duty in allowing Danny to go ahead with the lawsuit and then failing to stop it after he did? The Board never approved the lawsuit. The Board never authorized Danny to tell the attorneys to file it. The Board never sought approval of the Voting Members The Board never obtained the approval of the Voting Members.  The Voting Members never sought or obtained the approval of 75% of the homeo...

Whose Lawyers Are They?

The law firm of Turner Padget is racking up quite a bill for the HOA's lawsuit against Gus Philpott (me). At yesterday's Hearing on the Contempt allegation against me, the lawyers informed the judge (not me) that trial will be September 14. Whom (or what) does this law firm represent? The Board approved retaining ("hiring") them on May 7, 2024. I recall their not knowing the fee structure of the law firm. One director said, "They have lawyers who do everything." Of course, they do - for a fee. Since the Board retained Turner Padget and pays its invoices, doesn't the law firm represent the Association ; i.e., 2,480 Members? It doesn't represent the Board. It is not Danny's lawyer. Isn't the Board the agent for the Association? Shouldn't the lawyers be protecting the interests of the Association - the Members? Then, since the CC&Rs (Art. XIII, §10) prohibit a lawsuit like the one against me, why did the lawyers file it? Did they fail to...

Contempt Hearing Yesterday

Yesterday was the hearing on the Contempt accusation against me made by The Summit's HOA. This was part of the lawsuit filed against me on December 30, 2024, which included a request for a Temporary Restraining Order/Preliminary Injunction. Two lawyers from Turner Padget were in court. The Voting Members and the Board will soon learn the legal fees for filing, preparing, and attending yesterday's hearing. Court is, for many attorneys, the highest hourly billing rate. How much is their rate per hour? $600? $700? Once again, Danny Trapp was not in the courtroom. The HOA (through its lawyers) are trying to expand Judge Coble's Order of March 11, 2025. He ordered me 1) not to communicate with the Board; 2) not to attend meetings; and 3) not to communicate with employees or agents of the HOA. I have complied with that Order scrupulously. In court I read, "Litigants cannot change the plain meaning of words as it suits them, especially when conveying a court's clear and u...

V.M. Message to HOA President (not from Gus)

Last week 11 "Voting Members" got together to talk about the HOA. It was an unofficial meeting, because they didn't muster a quorum. They lacked four for a quorum; who didn't show up? Word is that all 11 signed a letter to Board President Danny Trapp. The letter hasn't been made public yet, but rumor has it that it contains five issues that the Voting Members who were present are not happy about. If I were Danny, I'd publish that letter and then write about what I intended to do about their complaints.  What will Danny do? Do the rest of the "Voting Members" know about that letter? Do the other Board members know about it? Is one of the issues "Why is the HOA spending money ($18,000 so far this year) to sue Gus Philpott, when the CC&Rs prohibit such a lawsuit? How did it get started?" Any HOA Member (homeowner) who would like to know about that meeting and that letter can make a request to the office to inspect the documentation of that...

Summit Office Closing

At 10:47AM the HOA's office sent out this email: "Please be advised that the Summit Association office will close today at 2:00 PM and will be closed on Friday, July 25th.   "We apologize for any inconvenience this may cause and appreciate your understanding." My first thought when I read the Subject Line of the email was, "Is this a permanent closing?" But, alas, it is only this afternoon (Tuesday) and then on Friday. My second thought was, "Why isn't a reason given?" My third thought was, "Whom do you contact, if you need/want help or if there is an emergency involving HOA property?" But I already know the reason. Baaa, baaa. You know that sound you hear, when you drive by a pen full of sheep? It's only a common business courtesy, so why would anyone expect it here? After all, they apologized in advance. If you are interested in why the CAMS-staffed office is paid to be open but will be closed, send an email to Danny Trapp, Boa...

HOA Calendar

Do you know that there is an online Calendar for HOA events?  Go to https://summithomeowners.com Hover over RESIDENTS.  Click on CALENDAR.  Select the month. Be sure to click on Go. Why wasn't the Covenants Committee meeting on the July calendar? Why wasn't the Special Meeting of the Voting Members on the July calendar? Why is nothing scheduled on the August calendar or for any remaining month in 2025? Doesn't the office staff know how to program recurring committee meetings for future months or the recurring BOD meetings?

National Night Out

This email was sent out by the HOA's office today: " We’re excited to invite you to   National Night Out  (NNO)  on Tuesday, August 5th at 6:00 PM at Birch Park. "National Night Out is a nationwide event that brings communities together to strengthen neighborhood spirit and build positive relationships with local law enforcement. "Come out and show your support for the community and law enforcement. There will be food trucks, ice cream, and a great opportunity to connect with neighbors!" What's the problem? It's the same night as the HOA Board of Directors (BOD) Meeting! Which will you attend? The BOD Meeting? NNO? Both? Neither? Was it really necessary to schedule it on the same night as the BOD meeting? Why not on the night before? Or the night after?  The August 5th BOD Meeting should be a very important one. The Board must correct the mistakes it made on July 1st. Two Directors must be properly nominated and appointed by the Board to succeed Ciara Ba...

S.C. Dept. of Consumer Affairs and the HOA

Have you ever searched the South Carolina Department of Consumer Affairs (DCA) website for complaints against The Summit's HOA? I knew there were complaints on file, and I had trouble finding them over the week-end. I searched for  Summit Community Association, Inc. The Summit Community Association, Inc. Summit Community Asso and couldn't find it. The DCA responded quickly this morning and directed me to search for Summit Community Assn . Bingo! There it is. Google "SC DCA" or go directly to https://consumer.sc.gov/ If you have a complaint about the The Summit's HOA, file it. File them . Get them on record. While the authority of the DCA to investigate HOA complaints is limited by the legislature, they do report to the legislature annually about all the complaints they receive. Annual Reports to the legislature can be viewed at    https://www.consumer.sc.gov/HOA-reports With enough "persuasion" by South Carolina residents and voters, legislators may even...

S.C. Should Establish a State HOA Office

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  Watch this short (two-minute) video. (Click on YouTube link.) Should members of The Summit's HOA Board of Directors have to comply with the CC&Rs, the By-Laws, and the approved Guides of the HOA? Should the Board have to develop a budget that meets the financial obligations of the Association? Should their conduct be transparent? Should all business decisions have to be made in public, open meetings, not in secret, closed, private sessions? If they label a meeting an "executive session", should they have to follow the rules for executive sessions? Should Voter Fraud and Banking Fraud be eliminated? If you've been reading this blog, you know the issues I have raised with The Summit's HOA. I have encouraged the Board to get solid legal advice.  Click on Archive on the left sidebar for past content or use the Search bar (top right). In past years I have filed complaints with the S.C. Department of Consumer Affairs, the S.C. Attorney General, the S.C. Secretary ...

What Is Happening to Reserve Funds?

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Are you following the Reserve Funds of the HOA? Every month the Financial Operating Results include two graphs. One shows Operating Cash. The second shows the Reserve Accounts Trends. This graph shows a steady downward trend. May 2024 $1,013,884 May 2025 $   561,609                   $   452,275 How did almost half-a-million dollars get moved out of Reserves without a single word or a single vote at a monthly board meeting? The Board of Directors is the steward of the HOA finances. As fiduciaries, they are required to account for every dollar.  In 2024 there were no (as in Zero, None) dollars in the Budget as a contribution INTO Reserves. Yet  the graph shows Reserves increasing. How did that happen? In 2025 only $3,000 is budgeted for a contribution INTO Reserves. A few months ago, I wrote, "Honey, we can't be out of money. We still have some checks left." Is this the accounting mentality of the HOA? Who moved $...

Did This Happen in The Summit's HOA?

" Corrupt Boards will take money from Insurance Proceeds of one damaged building but spend it on other projects. " That sentence appears on the website of the HOA Reform Leaders National Group (HRLNG). See #10 in Proposed Legislation. I wrote about this on this blog, when The Summit's HOA collected $28,000 in insurance proceeds after the pergola was damaged at the corner of Summit Parkway and Summit Ridge Drive. The HOA collected the insurance proceeds and did not replace the pergola. Should the HOA have just claimed the actual loss (cost of removing the damaged property and restoring the corner)?

HRLNG - Know what this is?

HRLNG is the HOA Reform Leaders National Group. I learned of it recently through a connection on NextDoor. Its mission is stated on its website :  Dedicated to changing the HOA laws of all the states  to protect and benefit the homeowners. Imagine that! A group dedicated to such a noble purpose. HRLNG's Facebook group is great, and its website is even better.  What are just two of its proposed pieces of legislation? 1.  Creation of a State HOA Office and Penalties in the Law for Board Members and Property Managers that Violate the Law  (Scroll down) 2.  HOA Attorney and Property Manager Responsibilities  (Scroll down) Number 2 is of special interest to me. The new attorney for The Summit's HOA was retained by the HOA and is paid by the HOA. It's a no-brainer that he should represent the 2,480 Members, not the Board of Directors or the President. Yet he filed a lawsuit in the name of the HOA against me that is prohibited in the CC&Rs (Art. XIII, §1...

HOA's Neighborhood Committee - What Is It?

The HOA's Neighborhood Committee is distinct from the (local) Neighborhood Committees of the 28 neighborhoods in The Summit.  The Mission of the Neighborhood Committee is:  " Responsible for helping each community in the Summit to locate and elect a local neighborhood committee that will represent their community at SCA board meetings and thereby allow their Voting member to vote on vital issues that affect the Summit and their local neighborhood. The Neighborhood Committee will assist and advise local neighborhoods with problems that they encounter." [ emphasis added ] In the March 2025 Summit Scoop Board President Danny Trapp wrote, in part, "I am asking the support of the community for the chair person of the Neighborhood Committee who is trying to ensure that each neighborhood has representation. Someone in each neighborhood cares enough to step out and assume the role as its leader. It does not take a lot of effort to perform these duties. You will have the su...

What write-offs?

Most homeowners (Members) should know by now of the serious financial situation facing The Summit's HOA. Accounts Receivable (Line 1200 in the financial statements) total $478,500.70, as of May 31, 2025. This is up by $96,493.03 (25.3%) in 12 months. Line 1200 was $382,007.67, as of  May 31, 2024 . And that $382,007.67 was after the Board quietly wrote off $118,917.60 in April 2024. In the March 2025 Summer Scoop Danny Trapp, President of the Board of Directors, wrote, in part: "The board is currently working to improve the collection policy requiring the write off [ sic ] of thousands of dollars due to delinquent accounts each year. These write-offs cost us all as homeowners and the practice needs to be changed." To what write-offs is Trapp referring? Does anyone remember any Board ever addressing write-offs in the past 5-6 years? Did they do so in private, closed, pre-board meetings? They certainly did not do it in public, open, monthly, Regular Board Meetings. The PRM...

Does the HOA office know ...

... how many legitimate ( duly-elected ) Voting Members there are? ... how many "Voting Members" became so by getting signatures? ... how many "Voting  Members" have been hangers-on for years without holding Annual Neighborhood Meetings, as required in the By-Laws?* ... how many homes in each neighborhood are owner-occupied? ... how many homes in each neighborhood are not owner-occupied? And does the office have copies of the leases or rental contracts for each of those? ... how many homes there are in each neighborhood? As of June 2024, the office gave me a list, and the number totaled 2,595. (There are 2,480 properties in the Association.) ... accurate ownership and mailing addresses for each home that is not owner-occupied? ...  the current, accurate status of collection efforts for every property that is in arrears? * One current Board member believes that, if a Neighborhood held a Neighborhood Meeting and elected a Voting Member 25 years ago and never held ano...

Is This an Intelligent Answer or an Insult?

At the June 3, 2025 Board Meeting, the "Voting Member"* for Whitney Falls, Keisha Shropshire, mentioned renters who are not in compliance and asked who reaches out to the homeowner and, according to the Minutes of the Board Meeting, "how do we know when something is being addressed". The Minutes further state, "The board president stated that when you see a change." If that's all there was, that response was an insult to the "Voting Member". It's how you lose homeowners who are participating in the affairs of the Association. Was a more-complete answer provided at the meeting but omitted from the Minutes? * "Voting Member" is in quotes because Keisha was not elected by the homeowners in Whitney Falls. Keisha moved up from Alternate, when Tanisha Holmes was appointed to the Board in November 2023 and had to resign as "Voting Member". Holmes served the unexpired remaining Board term of Vernell Butler, after he quit abrup...

Should All Votes by Pollin Be Invalidated?

There is a director appointed to the Board of The Summit's HOA who was not, and is not, eligible to be on the Board. Upon information and belief, when Danny Trapp wanted to appoint Patricia Pollin to fill the vacancy on the Board in November 2023, she was not eligible because she was not a Member of the HOA (homeowner named on the Deed) and she was not the spouse of a Member. She should not have been nominated, and she should not have been elected. But she was. Some board members voted for her because they were not told that she was not eligible. She should either remove herself from the Board or the Board should ask her to step away. If the Board doesn't, the Voting Members should remove her. All of the votes by Pollin, beginning in December 2023, are invalid and should be reviewed. If any motion was approved with her vote as the deciding vote, that decision must be re-visited. There are board members who know she is not a bonafide board member. The President of the Board (Dan...

Will the "new" Directors Assert Themselves?

At the July 1, 2025 the HOA attempted to install two new Directors by appointing them. The procedure failed. William Hill and Noel Weatherbee are not the new Directors, even though they were introduced as such. And they are not the Treasurer or Secretary of the HOA. To protect themselves from personal liability, they should insist that correct parliamentary procedure be followed. Otherwise, they are usurping the office of Director and the offices of Treasurer and Secretary, respectively. The appointments (and therefore, the elections) were done in a private, closed, pre-board meeting that was incorrectly referred to as an "executive session*". The appointments and elections were not conducted in the open, public, monthly Board Meeting on July 1. At the August 5, 2025 Regular Monthly Board meeting the President (Danny Trapp) should call for nominations for appointment of Directors to fill the two vacancies. Then the Board should vote - IN PUBLIC.  After two directors are appoi...

Where Does Non-Compliance with the By-Laws Start?

Compliance or Non-Compliance? Where does it start? It starts right at the top - with the officer who is President of the Board of Directors. While this person is just one of seven directors of The Summit's HOA, he has assumed more authority and power than the governing documents give him. And the other six on the board have let him get away with it. The President is supposed to lead the board and develop a cohesive body that will serve the interests of the Members and follow (comply with) the CC&Rs and the By-Laws. This Board, prior to July 1, and previous boards have been divided into Us vs. Them. Disagreement is good; it often stimulates respectful discussion and progress. That doesn't happen on the boards of The Summit's HOA. If you don't agree with the President, you become an outsider. You are tolerated until you can be replaced. For example, the HOA started a lawsuit in December 2024. The CC&Rs (Art. XIII, §10 Litigation) prohibit that, unless the Board fi...

Grumble about the HOA?

Do you grumble about the HOA? Do you moan and groan about what your HOA is or is not doing? Too busy to go to meetings? Or pay attention? Do you read the financial statements enough to understand them?  Or are you "too busy"? Or just not interested enough? Just want to pay your money and be left along? Recently I came across HRLNG - The HOA Reform Leaders National Group. After inspecting what they do, I quickly connected with them. Check them out on Facebook. Not everyone who lives in a HOA will be active, just like you are not in The Summit's HOA. Some homeowners are involved in the HOA. Seven on the Board (none legitimately*); more on committees. You can be involved by just communicating your observations and your wishes to someone who is involved. For example, to me. I will be working as a volunteer to contact state legislative leaders, including our own State Senator (Overture Walker) and State House Representative (Hamilton Grant), to encourage HOA reform and laws th...

What Dues Increase?

The first line in the Finance Report in the July 1, 2025 Board Meeting Minutes is "Tanisha Holmes reminded everyone that the 2026 dues are going up $50 per year." Oh, really? When did the Board of Directors vote on that ? (Hint: they didn't.) At the June 3rd Board Meeting, according to the Minutes, there was no mention of a dues increase and no vote. In the July 2025 Summit Scoop, on Page 1 in the President's Report, Danny Trapp wrote, "It has been determined that, based on our current expenditure and the future financial pending obligations, it will be necessary to raise our regime fees by $25.00 each six month period, for a total of $50 annually." First of all, does that sentence even make sense? What does "our current expenditure" mean? What does "the future financial  pending obligations" mean? Will regime fees go up $25.00 every six months? Or just in 2026? When was "that" determined? And by whom? Was it done in one of thos...

Who are the Real Voting Members?

The following recognized* Voting Members and Alternates attended the July 1, 2025 Board of Directors meeting. Nancy Gaymon (Abingdon) Janet Friedman (Autumn Run) Tracy Manderino (Barony Place) ** Sherri Lauver (Chapelwood) Mike Bryant (Fawn Ridge) Karen Kranz (Founders Ridge) Carmen Claud (Hunters Pond) Randdi Trapp (Hunters Pond) Chris Danner (Lakes of Barony Place) Chanel Taylor (Maywood) Willie Myers (Pepper Knoll) Dan Fuente (Pepper Knoll) Pinebrook (Mary Ann Game) Cynthia Johnson (Summit Hills III) Glenda Edwards (Summit Hills III) Reginald Mack (Summit Hills IV) Keisha Shropshire (Whitney Falls) How many of those 17 are legitimate, duly-elected Voting Members or Alternates who were elected by their neighborhoods? The office should be able to answer that question in two minutes by counting the number of official documents filed by the Neighborhood Committees after their last Annual Neighborhood Meeting (within the past 12 months or so). By my count, the answer is one (1).  Ba...

Huge Error in July 2025 Minutes

And now for the huge error in the July 2025 Minutes ... Just before the Committee Reports, there are two lines in bold print: "The new board members were introduced: William Hill, Treasurer and Noel Weatherbee, Treasurer." There is no mention whatsoever of the "executive session" held before the Regular Board Meeting started at 6:39PM.  Hill and Weatherbee were "introduced", but they were never appointed by the Board - in public. Hill and Weatherbee were never elected as officers - in public. If the appointments and the elections were not held in public, when did they happen? Why aren't those essential events recorded in the Minutes? Because the appointments and the elections were made in a secret, closed, private  meeting - out of sight of the Members of the Association. And that's wrong!!! Because those appointments and elections were not conducted during the open July Regular Board Meeting, the appointments and the elections of the officers are...

July 2025 Board Minutes Posted

The Minutes of the July 1, 2025 Board of Directors Meeting have been posted on the website. Who do you suppose wrote them? For them to be posted on the HOA's website, they must have been distributed to the Board members for review, and then any corrections should have been made before they were posted for Members to read. I especially liked the report of the Activity Committee about the Father-Son Bowling Day.  "... a nice time was had by all that attended." Since at least 1986 I've said that phrase had to originate in a high school newsletter! The Covenants Committee reported that changes in the governing documents will need to be reviewed by an attorney. The first thing that needs to happen is that the Board needs to review and agree on the proposed changes! How long have they had the proposed changes? Months? More than a year?  After the Board received the proposed changes, apparently they were given to the ad hoc Committee. Who is on that committee? Anyone beside...

Financial Stability of the HOA

If you are reading this, I know that you are not the problem. The financial stability of the HOA depends on all property owners paying their dues on-time; i.e., by July 31. As of April 30, 2025 the Accounts Receivable (Line 1200 in the financial statements) of the HOA totaled $479,433. That is, likely, almost entirely unpaid dues and is $99,694 higher than one year ago. And a year ago they had just written off approximately $100,000 of bad debt without ever discussing it at an open Board meeting or voting on writing it off. The Board did not follow the rules in the PRM (Art. III, §C, ¶3 Bad Debt Write-Off Procedures .) The Allowance for Uncollectible Accounts (Line 1300) is $299,167. This number hasn't changed for 12 months and cannot be accurate. In six years I haven't heard the Board discuss the bad-debt problem or make any decisions about reducing it. Why haven't they addressed this growing problem? If you think the Board needs to pay closer attention to the Collection P...

Want to Improve HOA Laws in S.C.?

Would you be interested in helping to improve laws in South Carolina for the benefit of homeowners and residents in HOAs? Get involved with a national organization whose members work on legislation in their own states. Even though the legislature is full of lawyers and preachers, they can be persuaded to do something good for people who live in HOAs. The South Carolina Department of Consumer Affairs (DCA) is basically toothless when it comes to HOAs. They receive many complaints every year about HOAs. They investigate and resolve few of them. It's not their fault. The legislature did not give them enough power and authority. Every year the DCA prepares a pretty report and sends it to the legislators. And there it dies. It is possible for homeowners in HOAs to band together in a way that positively influences legislators. Writing occasional letter or making a phone call is like a nibble, when what will get their attention is a big Bite. Just imagine the result, if a State agency co...

Is Deceit a Problem in the HOA?

How big a problem on the HOA's Board of Directors is Deceit? What would constitute deceit? Who is the Board Member who should know the CC&Rs and the By-Laws the best? That would be the President; right? Who should be the Number One steward of the funds of the HOA? That would be the President; right? When a board member receives information detrimental to an action the Board is about to take, should he inform the rest of the Board? Or should he "bury it"? Can the President act unilaterally in the name of the HOA, or must the Board of Directors first approve the action? When the HOA has started a lawsuit, should the President (the point-of-contact with the lawyer) keep all Board Members fully informed or just a select few? When the President leads, or even just allows, decisions to be made in private, closed, "secret" sessions, is that Deceit? Is merely announcing results from a closed-door session proper, when no decisions are supposed to be made out of Membe...

What is an Executive Session?

 On July 1, 2025 the Board of Directors of The Summit's HOA held what it called an "executive session" prior to the start of the Regular Monthly Meeting of the Board at 6:30PM. It appointed two homeowners to the Board (succeeding Ciara Bates and LaToya Adams, both of whom resigned in May) and then elected the two new Directors as Secretary and Treasurer. The "executive session" was not a legitimate executive session, and the appointments and election were not valid. Here is the Google AI Overview for the query "permitted actions under S.C. executive session rules": In South Carolina, executive sessions are limited closed-door meetings of public bodies. Actions that are  permitted  during an executive session are restricted by the South Carolina Freedom of Information Act (FOIA), Section 30-4-70.   Here's a breakdown of permitted actions: 1. Specific purposes for discussion Executive sessions are permitted for discussions on specific matters, inclu...

July 14 - Bastille Day

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How many kids, or even adults, know that July 14th is Bastille Day? What the heck is Bastille Day? Ask around. Ask family members, neighbors, co-workers, acquaintances. "When and what is Bastille Day?" Here's one site where you might refresh your memory. Check out Britannica . What was happening in America on July 14, 1789?