Did Board Violate CC&Rs by Suing Gus Philpott?

Can the HOA's Board of Directors start a lawsuit?

The CC&Rs (Art. XIII, §10 Litigation) answers this question. If you don't know where you can read the CC&Rs online, ask me or call the office (803.865.0609).

The CC&Rs list four instances when the Board can commence a judicial proceeding. This lawsuit is not one of them. To sue me, the Board needed to get approval of 75% of the Voting Members. To give that approval, a Voting Member had to first get the approval of 75% of the homeowners in his neighborhood.
  • Did the Voting Members get that approval from their homeowners? No.
  • Did the 75% of the Voting Members approve? No. Why not? They weren't even asked!
  • Did the Board approve the lawsuit? No.
  • Did the Board authorize Danny Trapp to tell the lawyer to file it? No.
In the first five months of 2025, the HOA paid $18,000 in legal fees. The legal bills for July will be huge. There was a hearing on July 24th, and the lawyers have prepared legal documents demanding everything except the kitchen sink from me.

A pre-trial "roster meeting" is scheduled for August 20. More legal fees for the HOA. The trial may be held in September. More legal fees for the HOA.

What's wrong with this picture? YOU, the homeowners (the Members of the Assn.) never approved this lawsuit.

Should you stop it and save yourselves thousands of dollars (that the HOA does not have)?

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