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 read the CC&Rs and find out what the CC&Rs say about Litigation?

Why didn't they tell Danny, "You can't sue Gus."

And when they did find out about Art. XIII, §10, why didn't they tell Danny, "The HOA has to get out of this!"

That's when the lawyers should have contacted me and said, "We made a mistake and want to settle this lawsuit. Can we discuss it?"

They didn't, and they haven't.

Comments

Post a Comment

Popular posts from this blog

June 3rd BOD Meeting now Closed to Members

The HOA office sent out an email at 3:29PM that read, in part, Due to Brookland Baptist Church being unavailable to accommodate the scheduled Board of Directors meeting on June 3rd, the meeting will now be held at the Summit Association office. Please note that space is limited at this location; therefore, only Voting Members and Committee Chairs will be invited to attend in person. One would think they would splash a message on the homepage of the HOA's website and change the location in the Calendar on the website; but No to both.  This last-minute change is highly adverse to the interests of the Members of the Association. The HOA must have some deal with Brookland Baptist Church Northeast for the rental of the meeting room. The dates must be arranged for the year. The HOA makes a "donation" to the Church for the use of the room. It's actually not a "donation", because the HOA receives something of value in exchange; i.e., the use of the meeting room.  Wh...
Read more

What? No trampolines?

OK, you trampoline fans. Are your rights and privileges being tramped on by your Board of Directors? The office sent out an email just before 2:00PM threatening you with a dreaded violation notice and the possibility of fines, if you dare to put a trampoline in your yard.  This is what the email from the office said,  " Please be advised that, pursuant to Section 13, Page 22, Article XII of the covenants, no structure of a temporary nature shall be placed upon any unit or any part of the properties. This includes, but is not limited to, tents, temporary gazebos, shacks, trailers, and any other structure of a temporary nature.  "Kindly note that trampolines are classified as temporary play equipment and, as such, are not permitted within the community. We ask that you ensure there is no trampoline present on your property to avoid receiving a violation notice and subsequent fines." What do the Covenants say? "Section 13. Tents. Trailers and Temporary Structures. Exce...
Read more

What Story Do the Financials Tell?

At the May 6, 2025 Board of Directors meeting, the March Financial Operating Results were available. Did you pick up a copy? Was there any discussion of them? Usually there is not. Do board members examine them before the meeting? Does anyone on the Board really understand them?  Look at the page for the Operating Expenses - Variances. Twelve Line Items are shown. No totals are shown. Big mistake. But are the totals intentionally omitted? For these 12 Items the total of "YTD Variances" is $61,784.93. As of the end of March, the HOA has over-spent the 2025 Budget by $61,784.93. Look at the reason given for the over-spending in Line Item GL-5111 Irrigation Contract. "This is over budget and will remain over budget due to the 2025 budget is $75,000 and the monthly contracted cost is $10,140." Is this worded to intentionally confuse any reader by stating the annual amount in the budget, but the monthly amount for the contracted cost? If the yearly contract for Irrigat...
Read more