Is It True?


When the HOA filed its lawsuit against Gus Philpott (me) on December 30, 2024, there was a "VERIFIED COMPAINT" [sic] signed by Board President Danny Trapp attached to it. It has every appearance of an Affidavit, and it closes with "FURTHER AFFIANT SAYETH NAUGHT".

(I laughed out loud. Where are we? Merry, olde England?)

Danny Trapp, after being duly sworn, deposed that "he is the President of the Board of The Summit Community Association, Inc., that he is authorized to execute this Verification..."

To me, the oath sworn before the Notary Public is not clear. Was Danny swearing to the truthfulness of his statements, or was he merely swearing that he was Danny Trapp who was signing the VERIFIED COMPAINT [sic]? And yes, the typo is in the original, as filed by the big downtown law firm representing the HOA.

For me there are two huge problems.

First, Danny swore that "he is the President of the Board ..." 

In November 2023 Danny was "elected" by people ("Voting Members") who were not eligible to vote. Most, if not all, of them were not duly-elected by their Neighborhoods in compliance with the By-Laws. The Annual Meeting of Voting Members should not have been convened, because I believe there was not a quorum of legitimate Voting Members present. No election should have taken place. 

Was Danny even an eligible "Voting Member" himself? When was the last bonafide Neighborhood Meeting of Hunters Pond neighborhood?

If Danny wasn't duly-elected as a Director, he cannot be President of the Board.

Secondly, Danny stated that "he is authorized to execute this Verification."

Authorized by whom? The Board never approved the lawsuit. In fact, it could not, because of Art. XIII, §10 in the CC&Rs. The Board never authorized Danny to have the lawsuit filed. And the Board never authorized Danny Trapp to execute that Verification. The Minutes of Board Minutes are silent regarding this lawsuit.

So did Danny swear to the truthfulness of his statements or only that he is Danny Trapp? It actually does make a difference.

The lawsuit was filed in the name of the HOA, but the Board never approved filing it. So, to me, it looks like Danny did that on his own.

But at great expense to the HOA! Who authorized Danny to spend a lot of money on a lawsuit that the Board never approved. How much? Few know the answer to that question.

Many of the "Voting Members" (themselves not legitimate Voting Members) are having great difficulty in grasping the nuance of this illegal, prohibited lawsuit.

It is a no-brainer to understand that the lawsuit was started in violation of the CC&Rs. The Voting Members should be protecting the Members of the Association, not supporting a Board President who disregards the CC&Rs and the By-Laws.

HOA monies have been wasted. HOA monies continue to be wasted. 

In fact, not even "wasted". Spent illegally, because the HOA never approved the lawsuit.

Will Town & Country Management Company stand up for the HOA and refuse to pay further invoices from the law firm? Will Danny Trapp and the "Treasurer", William Hill, tell them to pay?

Town & Country works for, and is paid by, the HOA. What will it do?

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