Who Is Behind the Lawsuit Against Gus Philpott?
Who is behind the HOA's lawsuit against Gus Philpott (me)?
There is one person behind it. That's Danny Trapp, Board President.
How can I say that with confidence?
When the law firm of Turner Padget sent me a Cease and Desist Letter dated August 28, 2024, its letter contained a "cc: Danny Trapp (dannytrapp@bellsouth.net)". It did not read "Danny Trapp, HOA Board President".
When Turner Padget filed the lawsuit against me on behalf of The Summit's HOA on December 30, 2024, Danny Trapp's Affidavit (as President of the Board) was included.
When Turner Padget filed the Contempt (of Court) charge against me on behalf of the HOA on May 28, 2025, the filing included Danny Trapp's Affidavit (as President of the Board).
- The Board of Directors never approved Danny Trapp's going to the lawyers to have a Cease and Desist Letter sent to me.
- The Board of Directors has never discussed the lawsuit against me at a monthly Board Meeting.
- The Board of Directors has never voted to approve the lawsuit against me at a monthly Board Meeting.
- The Board of Directors has never authorized Danny Trapp to file a lawsuit against me at a monthly Board Meeting.
How do I know this?
There is absolutely nothing in the Minutes of any Regular Board Meeting about the Cease and Desist Letter. There is absolutely nothing in the Minutes of any Regular Board Meeting about this lawsuit. Plus the lawsuit is prohibited by the CC&Rs (Art. XIII, §10 Litigation) without the approval of the Voting Members.
Payment of legal fees to Turner Padget is an illegal disbursement of funds by a South Carolina non-profit corporation, because there is no legitimate purpose of that disbursement. That's a crime!
The Auditor of the Association's books for 2024 and 2025 ought to have fun with this one. Did she catch it in the 2024 Annual Audit?
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