Will It Take a Lawsuit?

Over the past 5-6 years I have documented many significant Sections of the CC&Rs, By-Laws, and published Guides of the HOA with which the various Boards have failed to comply.

In many emails to board members I suggested that they seek competent legal advice. They weren't required to accept any of my suggestions. And they didn't.

I am gathering names of homeowners and indications of interest for forcing the Board of Directors and the HOA's officers to comply with the Governing Documents of the HOA. The Governing Documents aren't merely "suggestions"; they are the Code of Conduct and should not be ignored.

The past two years have solidified my decision. Now the question is, Who will join me in saying,
"ENOUGH IS ENOUGH!"

The S.C. Department of Consumer Affairs does not have the statutory authority to correct the problems.

The S.C. Attorney General will not act. I've been there three times. I've asked them to act on behalf of 2,480 homeowners. They won't.

The Richland County Sheriff's Department will not act.*

The Richland County Solicitor's Office won't act. 

SLED will not act.

Laws in South Carolina do not protect homeowners in HOAs.

Next stops? Edward Jones and the banks holding HOA money? The South Carolina banking authorities? The SEC? The FBI?

When I explained to one credit union manager what is going on, I was told that that credit union would quickly close the HOA's account and mail a check for the account balance. What would Edward Jones do, if they found out that unauthorized people were directing funds? An "unauthorized" person is one who was not duly-elected.

Recourse is in the Courts; specifically, the Richland County Fifth Judicial Circuit Court. Right where the HOA's case against me is. But I'm the Defendant, not the Plaintiff. 

I've been told that Danny Trapp was smiling and laughing after the October Board Meeting, as he handed out copies of my legal response to the HOA's demands for Discovery documents and information. Danny hasn't shown up for any of the three hearings (so far) in this case. Not one.

I doubt that Danny will think it's funny or be amused, when he is called to the stand, if there ever is a trial. Nor will other present or past board members find it amusing when they are called to tell the truth, the whole truth, and nothing but the truth.

Who is willing to hold the Board of Directors accountable? Are you?

* RCSD did act, and quickly so, when Noel Weatherbee complained to RCSD about a Voting Member. RCSD also did act quickly, when Danny Trapp had a Voting Member hauled into court. A magistrate threw out his complaint. But why won't the RCSD investigate the HOA???

RCSD has told me it believes there is no probable cause that a crime was committed when Danny Trapp had the lawsuit filed against me in the name of the Association, even though the Board of Directors never approved the lawsuit (and couldn't). I disagree.

Noel  is not a legitimate Board member, because on July 1st she was not duly-appointed. Nor was she duly-elected as Secretary. 

The same for William Hill. He is not a legitimate Board member, because on July 1st he was not duly-appointed. Nor was he duly-elected as Treasurer.

Patricia Pollin is not a legitimate Board member, because in November 2023 she was not duly-appointed. 

Who is responsible for those three appointments? Danny Trapp.

As Charlie Kirk said, "Prove me wrong."

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