Special Board Meeting Needed ASAP

When last night's Board Meeting started, the HOA had one officer - the Vice-President. The HOA had no President, no Secretary, and no Treasurer. These three officers are required by South Carolina state law.

Why no President? Danny Trapp, Board Member and Board President (2023-2025), was not re-elected. His term ended when last night's meeting began.

Why no Secretary? Noel Weatherbee had been improperly appointed as Director on July 1 in a pre-board meeting (not in "executive session", as claimed by Trapp). Since she was not legitimately appointed, she could not serve as Board Secretary.

Why no Treasurer? William Hill had also been improperly appointed on July 1 in a pre-board meeting (not in "executive session", as claimed by Trapp). Since he was not legitimately appointed, he could not serve as Board Treasurer.

The Board should have elected officers last night, in compliance with the By-Laws (Art. IV, §2). 

The Board will have to call a Special Board Meeting (By-Laws, Art. III, §B, ¶10) to elect four officers for 2025-2026. There is no President to call the Special Meeting, but Notice can be given by four directors. To avoid delay, the required Notice should be telephoned to, or personally delivered to, each director.

The Special Meeting cannot be held sooner than 72 hours after Notice is given by telephone or personal delivery, or sooner than four days after the Notice is mailed.

The Notice can be waived, but the Board should not count on that unless the signed Waiver is secured before the Special Meeting begins.

The Notice of Special Meeting must contain the nature of the business to be conducted.

What business should be conducted?
  • Election of President, Vice-President, Secretary, and Treasurer;
  • Appointment of chairperson of the Nominating Committee (PRM, Art. III, §H, §1);
  • Motion to Settle and Dismiss the illegal lawsuit against Gus Philpott (action on behalf of 2,480 Members); and
  • Such other urgent business that cannot wait until the December 2nd Board Meeting.

Why should the illegal lawsuit be immediately addressed?

The Covenants Committee informed the Board on August 5, 2025 that the litigation violated the CC&Rs. The Board took no action in August, September, and October. Every day that the lawsuit continues costs more in legal fees.

The lawsuit had been filed illegally in the name of the Association, without the approval of the Board. The Board never authorized Danny Trapp to tell the lawyers to file it.

A Special Board Meeting is open to Members, just as a Regular Board Meeting is. Since "Board meetings are open to all Summit Residents" (Summit Scoop, November 2025, Page 2), Special Board Meetings should be open to residents, too. Minutes of Special Board Meetings should be published.

Comments

Post a Comment

Popular posts from this blog

June 3rd BOD Meeting now Closed to Members

The HOA office sent out an email at 3:29PM that read, in part, Due to Brookland Baptist Church being unavailable to accommodate the scheduled Board of Directors meeting on June 3rd, the meeting will now be held at the Summit Association office. Please note that space is limited at this location; therefore, only Voting Members and Committee Chairs will be invited to attend in person. One would think they would splash a message on the homepage of the HOA's website and change the location in the Calendar on the website; but No to both.  This last-minute change is highly adverse to the interests of the Members of the Association. The HOA must have some deal with Brookland Baptist Church Northeast for the rental of the meeting room. The dates must be arranged for the year. The HOA makes a "donation" to the Church for the use of the room. It's actually not a "donation", because the HOA receives something of value in exchange; i.e., the use of the meeting room.  Wh...
Read more

What? No trampolines?

OK, you trampoline fans. Are your rights and privileges being tramped on by your Board of Directors? The office sent out an email just before 2:00PM threatening you with a dreaded violation notice and the possibility of fines, if you dare to put a trampoline in your yard.  This is what the email from the office said,  " Please be advised that, pursuant to Section 13, Page 22, Article XII of the covenants, no structure of a temporary nature shall be placed upon any unit or any part of the properties. This includes, but is not limited to, tents, temporary gazebos, shacks, trailers, and any other structure of a temporary nature.  "Kindly note that trampolines are classified as temporary play equipment and, as such, are not permitted within the community. We ask that you ensure there is no trampoline present on your property to avoid receiving a violation notice and subsequent fines." What do the Covenants say? "Section 13. Tents. Trailers and Temporary Structures. Exce...
Read more

What Story Do the Financials Tell?

At the May 6, 2025 Board of Directors meeting, the March Financial Operating Results were available. Did you pick up a copy? Was there any discussion of them? Usually there is not. Do board members examine them before the meeting? Does anyone on the Board really understand them?  Look at the page for the Operating Expenses - Variances. Twelve Line Items are shown. No totals are shown. Big mistake. But are the totals intentionally omitted? For these 12 Items the total of "YTD Variances" is $61,784.93. As of the end of March, the HOA has over-spent the 2025 Budget by $61,784.93. Look at the reason given for the over-spending in Line Item GL-5111 Irrigation Contract. "This is over budget and will remain over budget due to the 2025 budget is $75,000 and the monthly contracted cost is $10,140." Is this worded to intentionally confuse any reader by stating the annual amount in the budget, but the monthly amount for the contracted cost? If the yearly contract for Irrigat...
Read more