How Much Might a Counter-suit Cost the HOA?

In view of the outrageous behavior of the Board of Directors of The Summit's HOA, is a counter-suit a strong possibility?

Instead of suing me, the Board should have complied with the By-Laws, the CC&Rs, and the Guides published by the HOA. That's what they are supposed to do. They have a duty and a responsibility to do so. Why is the Board unwilling to do so?

Personally, I hate the thought of seeing the HOA spend $30,-$40,-$50,000 (or more) defending itself against a lawsuit. It can do that without the approval of the Voting Members. Art. XIII, §10 Litigation allows the HOA to defend itself by Board decision.

Wouldn't it be better to spend that money improving the landscaping? Or the waterfalls? Or the street lights on Summit Parkway? Or hiring a consultant to advise how a Board of Directors should function on behalf of the Members of its Association?

As readers already know from many posts here, the HOA did not have the authority to start the lawsuit against Gus Philpott (me). The HOA did so without any vote by the Board of Directors. How did it get started?

Board President Danny Trapp knows the answer. His Affidavits are part of the lawsuit. How did he start the lawsuit without the approval of the Board of Directors? Where did he get that authority?

The HOA is paying legal bills from Turner Padget for legal action it never approved. I assert that those payments are illegal disbursements by the HOA. I have asked the Richland County Sheriff's Department and the South Carolina Attorney General to investigate these crimes. What crimes?
  • Illegal disbursements to Turner Padget for a lawsuit that the Board never approved;
  • Illegal disbursements of the HOA received by Turner Padget from the HOA;
  • Allowing the Board President to start a lawsuit that is prohibited by the CC&Rs;
  • Allowing a homeowner to serve as Treasurer, even though he was not duly-appointed by the Board as a Director or duly-elected by the Board as Treasurer;
  • Allowing a homeowner to serve as Secretary, even though she was not duly-appointed by the Board as a Director or duly-elected by the Board as Secretary;
  • Furnishing documentation to Edward Jones and banks that a homeowner is Treasurer, when he is not.
There is a way for the HOA to avoid a counter-suit.

Could the attorneys for the HOA figure that out and advise the Board?

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