Who is the HOA's Attorney?

Just over a year ago, The Summit's HOA retained a new law firm, Turner Padget. There was a Motion and a vote of the board at the May 7, 2024 Board Meeting to "hire" (retain) that firm. I was at that meeting. The Motion is in the Minutes.

I have heard, but do not know with certainty, that it was Danny who found the new law firm.

As I recall, the Board was uninformed about the fee structure of Turner Padget for legal services. One of the board members said something like, "They have attorneys who do everything." I recall thinking, "They certainly do, for a fee."

At another meeting, the Board should have resolved (that's an important legal procedure) to authorize the President (Danny Trapp) and the Secretary (Tanisha Holmes) to sign an Engagement Letter. That important step (the authorization by the Board) never happened. Who signed the Engagement Letter?

The Board has never terminated its relationship with the prior law firm, McCabe, Trotter & Beverly, P.C. So now the HOA has two law firms!

An even $4,000 was paid in May 2024* for Legal/Professional Fees (Line 6500). Was that a retainer to the new law firm?

One of the first legal matters to be handled by Turner Padget was to send Gus Philpott (me) a Cease and Desist Letter dated August 28, 2024. The lawyer who signed the Letter was Ian McVey. The Board of Directors never approved that (no record in the Minutes).

This apparently took priority over getting legal advice about

  • compliance with the CC&Rs and the By-Laws;
  • collecting $382,000 in Accounts Receivables (ARs); 
  • improving Collection policy and procedures to prevent ARs from increasing (ARs now total $478,500 (May 31, 2025); 
  • proper procedures for conducting monthly board meetings; 
  • learning the rules for what can and cannot be done in pre-board meetings.

Then on December 28, 2024 the HOA filed a lawsuit against Gus Philpott (me), in violation of the CC&Rs (Art. XIII, §10) and without the approval of the Voting Members and without the approval of the Board of Directors.

Upon information and belief, Danny has ordered the rest of the Board not to contact the HOA's attorney. He is the sole point-of-contact.

There is nothing in the Board's Minutes about any Board vote to authorize Danny to be the sole contact with the attorney. 

That wouldn't be so bad, if Danny kept the full board apprised of his dealings with the attorney. However, I believe several board members do not receive status reports on the lawsuit against me or its cost to the HOA.

Didn't the lawyer read Art. XIII, §10 of the CC&Rs?

Did he just take Danny's word for it that the Board had authorized the lawsuit (even though it couldn't do so)?

* May 2024 Financial Operating Report

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