Who Really Is Suing Gus Philpott?

Is it really the HOA that is suing Gus?

Or is it somebody who filed the lawsuit in the name of the HOA - but WITHOUT the approval of the Board of Directors?

In order for a lawsuit to be started by the HOA, wouldn't the Board of Directors (BOD) have had to approve it? The Minutes of Board Meetings indicate that they never did.

[Edit 9/17/25. Actually, it's not exactly correct that the Minutes indicate that the Board never did approve the lawsuit. There is no mention of the lawsuit in any set of Minutes of Regular Board Meeting. No mention at all. What I should have written was, "The Minutes of Board Meetings make no mention whatsoever of any discussion or vote by the Board to approve a lawsuit against Philpott."]

In this case, the BOD would have needed the approval of 75% of the Voting Members. It never even asked for their approval.

Danny Trapp's name was on the Affidavit that accompanied the papers for the original filing. Was Danny the one who kicked off the whole thing?

The BOD never authorized him to do so. Why did he do that? I can think of at least three reasons, and they all start with R.

It seems to me that the lawyer must have believed that Danny had the authority to tell him to file. But Danny didn't. 

Why didn't the lawyers check to be sure that the BOD had approved filing the lawsuit?

When the lawyers found out that the BOD had never approved the lawsuit, why didn't they tell Danny that the lawsuit had to be stopped?

Isn't this a problem for any of the Directors on the Board?

Shouldn't the minority (2) be making a lot of noise?

There are three directors (Pollin, Hill, Weatherbee) who are not even legitimate directors; they were not duly-appointed. So they don't get a vote.

The other two (Trapp, Holmes)? Trapp, of course, knows all the details of the lawsuit. Upon information and belief, Holmes also knows all the details. Holmes has a fiduciary responsibility to the Association and its 2,480 Members. Why isn't she speaking out against this illegal lawsuit?

If a motion were made to drop the lawsuit, would Tanisha Holmes do the right thing and vote with Brenda Bryant and Linda Potter? Then the motion would pass (3-1). Remember, the illegitimate directors should not be allowed to vote.

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