Do Voting Members Need Legal Advice?
The law firm of Turner Padget is supposed to be representing The Summit Community Association, Inc.
Not Danny Trapp. Not the Board of Directors. The law firm was engaged to represent The Association and its 2,480 Members!
Is there any reason that the Voting Members cannot get legal advice from Turner Padget? To keep costs low, one VM should be the spokesman for the VMs, ask the questions, and share the lawyers' answers with all the VMs.
They might decide whether (or not) they want to get advice from the attorneys at Turner Padget who are handling the lawsuit against Gus Philpott (me).
Were those attorneys ignorant of Art. XIII, §10 Litigation in the CC&Rs, or did they choose to disregard that Section of the CC&Rs? I can imagine the first but not the second. They know about that Section now. Are they continuing to ignore or disregard it?
Why don't they tell Danny that the HOA cannot continue the lawsuit and must dismiss it?
The HOA needs a second opinion.
The HOA violated the CC&Rs by filing the lawsuit (and Motion for TRO) on December 30, 2024. The Covenants Committee of the HOA so stated to the Board of Directors on August 5, 2025. Read the Minutes.
The Board never voted to approve the lawsuit. In fact, it could not do so, because the Board was required to first obtain the approval of 75% of the Voting Members (Art. XIII, §10 in the CC&Rs), and it did not. Danny Trapp did not have the authority to tell the lawyer to file it.
Danny was on the Board in 2016. He has been a "Voting Member" since 2017. (How many Neighborhood Meetings did Hunters Pond have between November 2016 and November 2023?) He has been on the Board since November 2023. He ought to know the rules.
Because the Board never approved the lawsuit, every dollar paid out for the lawsuit is an illegal disbursement of funds of a South Carolina non-profit corporation. Each payment is a financial crime. Shouldn't crimes be prosecuted? Who gets nailed for the crimes?
Danny Trapp?LaToya Adams?William Hill?CAMS?All of the above?
The HOA, its officers, and the full Board have their necks stuck way out.
More and more people are telling me to counter-sue the HOA.
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