Judge Rules Against HOA

Today I picked up the decision by the judge in the case of The Summit's HOA against me. The judge ruled in my favor and AGAINST the Summit's HOA.

On May 28th, as part of the lawsuit by the HOA against me, the lawyers for the HOA filed a Motion for Contempt against me. They, along with a sworn Affidavit from Board President Danny Trapp, alleged that I had violated a Temporary Restraining Order issued on March 11, 2025.

On July 24th Judge Kimpson heard arguments. Two lawyers were there on behalf of the HOA. I was there pro se; I'm representing myself for financial reasons. A lawyer had quoted me $30,-$50,000 to represent me all the way through.

On August 29th Judge Kimpson released his decision. He found "that Mr. Philpott's actions do not violate said Order. Therefore, the Motion for Contempt is DENIED." [emphasis in the original]

This was especially sweet for me, because the HOA's Motion had included a request that the Court make me pay the costs and legal fees incurred by the HOA to bring the Contempt action. The HOA will get the full bill, and that's exactly the way it should be.

The lawsuit never should have been started, because the CC&Rs (Art. XIII, §10) forbid it. The Board never approved it. The Board never authorized Board President Danny Trapp to file it or to file the Motion for Contempt.

Now the questions are
  1. what is the Board going to do about Trapp, whose unauthorized actions are costing the HOA a lot of money?
  2. will Danny's four friends on the board stick with him or will they honor their fiduciary responsibilities to the 2, 480 Members of the HOA?
  3. what will the Voting Members do?

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