Whose "Fight" Is It?

Last week I received a message in which a neighbor in the HOA expressed concern for how much my "fight" was costing the HOA.

That confused me.

"My fight"? How does it become "my fight", when it was the HOA that filed the lawsuit against me on December 28, 2024 and began racking up legal fees? And, actually, before that, because the HOA had its lawyer send me a Cease and Desist Letter on August 28, 2024.

When I contacted the lawyer to ask from what he wanted me to cease and desist, he replied that he didn't have to communicate with me, because I am not a member of the Association.

You can't make this stuff up. 

How did those legal actions get started?

  • The CC&Rs (Art. XIII, §10 Litigation) prohibit this type of lawsuit without approval of 75% of the Voting Members;
  • The Voting Members never approved the lawsuit;
  • The Board never approved the lawsuit;
  • The Board never authorized the President to tell the lawyer to file the lawsuit.

When the HOA filed a lawsuit and began running up its legal bills, how did this become "my fight"?

All I am doing to defending myself. And I shall continue to do that, no matter how much it costs the HOA.

It's going to be a long and expensive "fight" for the HOA. There may have to be a Special Assessment to pay the legal fees. Be sure to thank Danny Trapp, the President of your HOA. Isn't Danny the one who says that only he can deal with the lawyer?

He's the one who went to the lawyer in August and in December 2024, without any vote by the Board to do so. 

If the Board doesn't want to spend all that money, I'm sure their lawyer can tell them how to avoid future costs.

Will the Voting Members intervene, on behalf of the homeowners they represent?

Will Members (homeowners) get so mad at the waste of HOA funds that they do something about it?

Frankly, I'm wondering what the lawyer's advice was to Danny after he read Art. XIII, §10 in the CC&Rs. Did he ask Danny for documentation that 75% of the Voting Members had approved the lawsuit? Or that the Board had approved the lawsuit?

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