If You Were the Judge ....

... how would you decide?

On November 3, 2025 a judge in the Richland County Court of Common Pleas heard a Motion to Remove The Summit Community Association, Inc. as Plaintiff in the case against Gus Philpott.

What was that all about?

Philpott claims that that the HOA is not the Plaintiff in this case!

Why not?

The Board of Directors never approved filing the lawsuit.

The Board of Directors never authorized Board President Danny Trapp to file the lawsuit.

Danny Trapp filed the case with the new law firm without the approval or authorization of the Board of Directors.

The Voting Members were never asked to approve filing the lawsuit.

The Voting Members never approved filing the lawsuit. 

You, the homeowners (Members), were never asked to approve the lawsuit.

You, the homeowners, never approved filing the lawsuit.

The controls are found in the CC&Rs (Art. §XIII, §10 Litigation).

Those who wrote the CC&Rs were wise.

Why did the lawyers file the case? Did they not read the CC&Rs for the authority for the HOA to sue a resident?

The lawsuit was illegally filed. The CC&Rs prohibit it without the prior approval of the Voting Members. The Voting Members can only approve, IF their own homeowners overwhelmingly approve.

The judge asked me a good question. "If I remove the SCA, what will I do for a Plaintiff?"

It's somewhat like in a criminal trial. If the court knows the accused is not the killer, it doesn't go ahead and hang him, just because he's there.

The HOA is not the Plaintiff and cannot be. The CC&Rs prohibit it!

Was Danny Trapp truthful in his sworn affidavits?

The Court should order removal of the HOA from the case. The HOA should demand that all the fees paid to the lawyers be returned. How much is that? Over $20,000?

The HOA should sue Danny Trapp, personally, for the reputational harm to the HOA by this lawsuit.

The HOA should hope that Philpott doesn't countersue. The Board of Directors (some of them) knew all about the lawsuit and failed to make any effort at Regular Board Meetings to stop it. The Board also allowed the HOA to pay the invoices submitted by the law firm without comment or protest.

How would you decide?

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