Are There Two Honest BOD Members?

It's obvious how the Board of Directors of The Summit's HOA is now stacked. All you have to do now is attend a board meeting, sit in the audience, and look at the front tables. It's 5-2. 

Danny Trapp has five votes locked up. Of course, that's counting three people who are not legitimate, duly-appointed directors (Pollin, Hill, Weatherbee).

So, maybe, instead of 5-2, it's really 2-2. But not the way Danny and the other four count.

What should happen at the next BOD meeting on September 2, 2025?

One of the directors (any one of them would be okay, but five of them won't) should make a Motion that the HOA dismiss the lawsuit against Gus Philpott (me). Why?

Because the lawsuit was, and is, prohibited by the CC&Rs, Art. XIII, §10. The Voting Members never approved it. The  Board never approved it. The Board never authorized Danny Trapp to tell the lawyer to file it. 

Every time the HOA issues a payment to the law firm for its legal work on the lawsuit, it is an illegal disbursement of funds of a South Carolina non-profit association. Those disbursements are crimes!

When the Motion to Dismiss is made, another director should Second it. Then, under Robert's Rules of Order, the Motion must be discussed. Will Danny try to prevent it?

The discussion should start with Art. XIII, §10 of the CC&Rs. One of the directors should read it verbatim. Then they should discuss it, in public during the board meeting. 

If each board member tells the truth, all seven will have to admit that the HOA did not have the authority to start the law suit against Gus Philpott and that it does not have the authority to make any payments to the law firm.

And then the Directors should vote. The vote should be recorded in the Minutes by name.

The only correct result of a vote is 7-0 in favor of dismissing it. Of course, some directors will abstain from voting, because they won't want to rub Danny Trapp's nose in it.

But NO DIRECTOR can honestly vote "No" (not to dismiss it). Any Director, even Danny Trapp, who votes "No" is failing to perform his/her fiduciary duty on behalf of the Association and its 2,480 Members.

When the Motion passes, a direction should be given to the President to inform the lawyers on September 3rd that the lawsuit is to be dismissed. The lawyers will know what to do. 

Because Danny Trapp started the lawsuit without the approval of the Board of Directors, the Board should communicate directly with the lawyers about the action that was taken at the Sept. 2nd Board meeting.

Will Gus Philpott benefit? Sure. Will the Association benefit more? Yes! Much more!!! The unapproved legal fees will stop, and the HOA can begin steps to recover the unapproved fees that were paid to the law firm.

Will two Directors move and second a Motion to Dismiss on September 2, 2025? Sure wish I could be there to see it.

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