SLAPP - What Is It?

Do you know what a SLAPP is?

Strategic Lawsuit Against Public Participation

What's that?

SLAPP is what you fear if you speak out against the establishment; e.g., government, a school board, a city council, a county council, even a lowly HOA board of directors.

According to Google AI, SLAPP is

"A SLAPP suit, or Strategic Lawsuit Against Public Participation, is a lawsuit intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense. These lawsuits are often filed by powerful individuals or entities against those who speak out on issues of public interest. The goal is not necessarily to win the case, but to harass the defendant with legal expenses and time, thus chilling their speech and discouraging others from speaking out."

Google "SLAPP" and read more. 

I first heard the term "chilling effect" in a county Elections Commission hearing in northern Illinois in about 2010. A "chilling effect" would result if the Commission required the Republican defendant to pay the costs of the legal action against him, which was what the Democrat's Chicago-based attorney was asking.

Is this what is happening in the HOA's case against Gus Philpott (me)? Are the HOA's lawyers trying to wear me down with legalese? Are they trying to bankrupt me with legal defense fees?

A lawyer quoted $30,-$50,000 to defend me all the way through. What would you do, if you were faced with a $50,000 legal bill?

When the HOA filed its Contempt Motion against me, the HOA asked the Court to assess me the charges and make me pay the HOA's lawyers. The hearing was on July 24, and Judge Kimpson has not released his decision yet.

If the Court granted that, would that stop every complaint of wrongdoing against the HOA? Will every HOA Member and resident be afraid that the HOA might swing into the attack mode and go after them? Is this why more people don't speak out against the wrong-doing by the Board of Directors?

Fortunately, I don't "chilled" or intimidated when more mail shows up from Turner Padget, the HOA's lawyers. I am not overwhelmed by demands for everything but the "kitchen sink". 

I enjoy going to court, standing there, and telling the truth about the HOA. Sure wish I could cross-examine the HOA's attorneys.

So far, there have only been Hearings, and there have been no witnesses who testified. That will change when the trial starts.

Who will testify? How will Danny Trapp explain violating the CC&Rs to start the lawsuit? 

How will "Team Danny" (board members who side with Trapp) testify? How will other board members testify? How will Voting Members testify? How will office staff testify? How will past board members testify?

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