Should Law Firm Meet with BOD?

The Summit's HOA has many problems that are related to the CC&Rs, the By-Laws, and the published Guides, such as the Procedures Reference Manual. These problems are the result of the Board's not following the Governing Documents.

One of the biggest problems is the illegal lawsuit against resident Gus Philpott that was filed in the name of the Association but without the approval of the Board of Directors.

Danny Trapp, Board President, has apparently ordered the other Board members (with the possible exception of Tanisha Holmes, VP) NOT to contact the law firm for the Association, Turner Padget. He apparently declared himself, without Board Resolution, to be the sole contact with the lawyers.

The law firm of Turner Padget and the two lawyers handling the case against Gus Philpott should meet with the full Board of Directors - all seven Directors. The in-person conference should be scheduled directly with each Director. Before that meeting, the law firm should send a questionnaire to each Director, asking what problems each is aware of and asking what issues they feel less-than-fully-informed about. The two directors who quit in May 2025 should be included.

Upon information and belief, some of the Directors didn't have full information about the case, its status, its cost-to-date, and the expected long-term cost and expected resolution. Such questions might include:
  1. Did the full Board discuss filing legal action against Gus Philpott?
  2. Were the CC&Rs consulted for authority to file?
  3. Were the Voting Members asked to approve the legal action?
  4. Were the Voting Members informed that they must get approval from 75% of the homeowners in their neighborhoods?
  5. Did 75% of the Voting Members approve the lawsuit?
  6. Did the Board vote to approve a lawsuit against Gus Philpott in an open, public, Regular Board Meeting?
  7. Did you understand what the lawsuit might cost the Association?
  8. Did you vote to authorize Danny Trapp to file the lawsuit?
  9. Did Danny Trapp inform you in December 2024 or January 2025 that he had had the lawsuit filed on Dec. 30, 2024?
  10. When did you first learn of the lawsuit?
  11. When did you first learn that the lawsuit was prohibited by the CC&Rs?
  12. Do you feel that you were kept well-informed from the date of filing (Dec. 30, 2024)?
  13. Were you aware that the Association sought a TRO against Philpott?
  14. Were you informed that the Association LOST on its request for major restrictions on Philpott that it sought in the TRO?
  15. Were you informed that the Association filed a Motion For Contempt that resulted in more court time?
  16. Were you informed that the Association LOST, when the Court denied the Association's Motion for Contempt. In other words, Philpott, acting as his own attorney, beat your two attorneys in court, and the Association is liable for all the costs of that action?
These are only some of the questions for just one issue facing the Association. 

Other questions should relate to 
  • legitimacy of election of Directors by Voting Members; 
  • legitimacy of three appointments to the Board; 
  • legitimacy of election of officers of the Board; 
  • failure to act on the declining financial stability of the Association;
  • objections to the person on the Board who was not eligible to be appointed in November 2023?
If the Board itself won't blow the whistle on these problems, will the Voting Members contact the lawyers on behalf of the Association?

Will Members (homeowners) begin calling the lawyers and demanding that they represent the Association, which is the lawyers' Client?

The lawyers may not talk to those who call. However, would they be wise to listen?

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