Will Criminal Charges Be Filed?

The Summit's HOA has been disbursing HOA funds illegally. Should criminal charges be filed? Who is responsible? Who should be charged with financial crimes?

The HOA has made payments to the law firm of Turner Padget in connection with a lawsuit filed on December 30, 2024, against Gus Philpott (me).

Turner Padget has submitted invoices to the HOA for legal fees.

How much of the $14,324.69 (Line 6500 in the 6/30/2025 financial statement) spent in the first six months of 2025 was for legal fees connected to the unauthorized lawsuit?

One of more persons associated with the Association, whether a committee member, officer, director, or employee of CAMS approved the invoices for payment. CAMS has issued payments.

Who could be charged? The President of the Board, Danny Trapp. The Treasurers of the HOA, LaToya Adams (Treasurer, Nov. 2024 - May 2025); William Hill (July 1, 2025 to present). Did other officers have knowledge of the illegal payments? Tanisha Holmes, VP? Ciara Bates (Nov. 2024 - May 2025)? Did the other directors, whether legitimate or not, know? Brenda Bryant? Linda Potter? Patricia Pollin?

What about CAMS? Did the property manager know the payments to the law firm were illegal? Did she question any approvals for payment? Did the assistant property manager know they were illegal? Did any CAMS headquarters' personnel know the payments were illegal?

Why are the payments illegal? The lawsuit was never approved by the Board of Directors in a monthly Board Meeting. The Board of Directors never authorized, by Resolution or otherwise, the president of the Board, Danny Trapp, to direct the law firm to file it. No record of the lawsuit exists in the Minutes of monthly Board Meetings.

The lawsuit could not be approved by the Board because the CC&Rs prohibit it. Art. XIII, Section 10 Litigation is specific.

The Board could not approve it without the approval of 75% of the Voting Members. A Voting Member could not approve it, unless 75% of the homeowners in his own neighborhood approved it. 

There is no record of any homeowners being asked to approve it. There is no record of any Voting Members ever approving it.

In fact, there aren't enough legitimate, duly-elected Voting Members to approve it.

The lawsuit never should have been filed. The law firm should not have filed it, after Danny Trapp approached it. The lawyers should have informed Trapp that the lawsuit was prohibited by the CC&Rs, unless the Voting Members had approved it.

Has the Association received the invoices for the legal work to file a Motion for Contempt against Gus Philpott, filed May 28, 2025? Has it paid them?

Has the Association received the invoice for the Contempt Hearing on July 24, 2025?

There will be legal fees for the Roster Hearing on August 20, 2025.

Trial preparation will be invoiced. Invoices will be submitted for the trial, which may begin in September.

When did each Board member first realize that the lawsuit was prohibited? Did they know that from the beginning? When and how did each Board member learn of the lawsuit? Has each Board member been kept fully informed by Trapp or the lawyers of the status and the cost of the lawsuit?

Members of the Association (homeowners) should be highly concerned, not because the lawsuit is against me, but because it was started at all.

If Danny Trapp started the lawsuit in the name of the HOA without the Board's approval, what penalties should follow? If the Board was aware of it and did not object, what penalties should the Board members face? What penalties should Turner Padget face?

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