Brilliant Idea? Should HOA Sue Danny Trapp?
The Summit's HOA consists of 2,480 properties. The responsibility of the Board of Directors is to manage the HOA in the best interests of those property owners.
If an action is taken that is not in the best interests of the Association (the Members), what should happen?
Danny Trapp caused a lawsuit to be filed against resident Gus Philpott in the name of the Association, but it was never approved by the Board of Directors. The HOA is spending a lot of money on legal fees to prosecute that lawsuit.
If it wasn't approved by the Board of Directors, then it wasn't really filed on behalf of the Association. This issue will be addressed in court on Monday, November 3, 2025, at 2:00PM.
What's the brilliant idea? How about a lawsuit in the name of the Association against Danny Trapp?
Since he was able to file it without the approval of the Board of Directors, could anyone file a lawsuit in the name of the Association against Danny Trapp?
The approval of the Board of Directors apparently is not needed, since the other six members of the Board have not objected to Danny's lawsuit or the bills.
Obviously, this "brilliant idea" is foolish and illegal. Just like Danny's case against Gus Philpott.
A question for the 2,480 homeowners: why are your funds being used for Danny's lawsuit? Since the lawsuit was not approved by the Board of Directors, every payment for legal fees for it is an illegal disbursement of funds from a South Carolina non-profit corporation (your HOA).
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