What's Next in the HOA's Lawsuit Against Gus?

The HOA's lawsuit against Gus Philpott is now a year old. It was filed on December 28, 2024 under the "leadership" of the former Board President, Danny Trapp.

Danny Trapp was not re-elected to the Board on November 18, 2025 and ceased being the Board President on that date.

Who took over giving orders to the HOA's attorney at Turner Padget?

Between November 18th and December 1, the Association did not have a President. It also did not have a legitimate Secretary or Treasurer. Tanisha Holmes was the Board Vice-President during those 13 days. Was she giving instructions to the lawyers? Did the Board give her instructions or authority to deal with the attorney?

What's coming up? Before the end of January, the date for a trial will be set for the week of February 5-9, 2026. The HOA will incur substantial legal fees, as the lawyers prepare for trial.

The lawsuit could be settled in five minutes, if I could sit down with the Board of Directors. But I cannot, because of the TRO. I can't communicate with them, and their lawyers would tell them not to talk with me. They are supposed to talk to me on behalf of their client, but they won't.

In October I tried to arrange a settlement conference with the HOA attorney, but she offered to schedule mediation in February. Why wouldn't she sit down and talk with me?

The HOA, now represented by a new majority on the Board, may want to avoid another $20,-$30,000 in legal fees. The Board should also want to avoid a counter-suit. 

The Board President should tell the lawyers, "We (the Board) never voted to approve this lawsuit. We never authorized Danny Trapp to commence the lawsuit. The lawsuit was filed in the name of the Association but without the approval of the Board. We want the lawsuit and the TRO against Gus Philpott dismissed immediately, at the least (or no) expense to us. File a Motion today to dismiss the lawsuit and the TRO today."

The Motion should request an expedited hearing (within 2-3 days). Only five minutes of the judge's time is needed. The judge only needs to hear 23 words.

HOA Attorney: "At the request of our client, the Plaintiff moves to dismiss this case and the TRO." (16)

Gus Philpott: "I do not object to the Motion." (7)

Judge: "Motion granted. The case is dismissed and the TRO is canceled."

This would stop the "bleeding" of HOA money on a lawsuit that never should have been started.

Thoughts?

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