It Started 12 Months Ago

It was just 12 months ago that the HOA's new lawyer sent me a Cease and Desist Letter. In that letter the HOA accused me of "false accusations and continual harassment." The letter threatened me with legal action.

I quickly contacted the HOA's lawyer at Turner Padget and asked for an explanation. How did the lawyer respond? He informed me that he wasn't going to communicate with me, because I'm not a Member of the Association. Twice he told me that. In writing.

Since I knew I had made no false accusations and had not harassed anyone, I did not know what not to do. So I changed nothing. I continued to write and speak the truth about the operations of the HOA and its board of directors.

Everything that I have written and said is the truth. It's not "my" truth. It is the Truth. My writings have been based on the CC&Rs, the By-Laws, and the published Guides of the HOA, including the PRM.

Former board president Justin Martin used to accuse me of misinterpreting the By-Laws. I always responded to him that I was quoting the By-Laws, not misinterpreting them. 

The By-Laws (and the CC&Rs and the Guides) are the Association's rules. The Directors on the Board don't have a choice about complying with them. They must comply with them.

Which brings me to the lawsuit that the HOA filed against me on December 30, 2024. 

The HOA never sought or obtained the approval of the Voting Members to file the lawsuit.

The Board of Directors never voted in public, at a monthly meeting, to approve the lawsuit.

The Board of Directors (BOD) never authorized Board President Danny Trapp to file the lawsuit.

But Danny Trapp did tell the lawyers to file it. 

The lawsuit was prohibited by the CC&Rs (Art. XIII, §10 Litigation). Why did the lawyers file it?

Because the lawsuit was never approved by the BOD, every payment to the lawyers is an illegal disbursement of funds from a non-profit corporation. Every payment is a crime. 

Who will be arrested and charged with these crimes? The Board Treasurer? The Board President? The Property Manager? Are all the Directors liable, because they have not objected to the payments?

Is it a crime to knowingly receive and deposit an illegal disbursement from a business?

Within the next 60 days, a trial may be scheduled.

How much will this prohibited action cost the HOA?

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