Should Homeowners Sue the HOA, the Board, and the Law Firm?

On December 28, 2024 The Summit's HOA sued Gus Philpott (me).

In doing so the HOA and its Board of Directors violated Art. XIII, Section 10 Litigation of the CC&Rs.

The Board did not ask for or get approval of 75% of the Voting Members. That was an impossible goal, because there is only one (1) legitimate, duly-elected Voting Member.

The Voting Members did not ask for or get approval of 75% of their neighborhood's homeowners.

The Board of Directors never voted to approve the lawsuit.

The Board of Directors never voted to authorize its President, Danny Trapp, to tell the lawyers to file the lawsuit.

Did the lawyers read Art. XIII, Section 10 in the CC&Rs?

How much has the lawsuit cost so far? Not even all the Board Members know. All they have to do is ask the office.

The HOA and the Board are violating the CC&Rs and wasting HOA funds on a lawsuit that is prohibited by the CC&Rs. 

Board Members should stand up to Danny. They aren't.

Voting Members should be demanding compliance with the CC&Rs. They aren't.

Members (homeowners) should be demanding that the Board and the HOA stop wasting funds on a lawsuit that is prohibited by the CC&Rs. 

Recently a Voting Member told me that "my fight" is costing the HOA a lot of money. It's not "my fight". I didn't start it. The HOA filed the lawsuit, not I.

I shall defend myself. All the way right through a trial. 

Are you willing to watch your HOA spend $30,-$40,-$50,000 (or more) in this way?

Will you have to sue your own HOA? Sue the Board? Sue individual board members? Sue the HOA's lawyers? 


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