Case Dismissed!

Last Tuesday (Jan. 13, 2026) an attorney for The Summit's HOA filed in the Richland County Court of Common Pleas to dismiss the case against Gus Philpott (me).

This was accomplished by a filing of a Joint Stipulation which, as I understand it, eliminates any need for a hearing before a judge.

Homeowners (Members of the Association) should appreciate this prompt action by the new majority of the Board of Directors: Brenda Bryant, President, Jeff Lummel, Vice President; Angelo Moore, Secretary; and Linda Potter, Treasurer. They have stopped a lawsuit that never should have been started and which cost the HOA a substantial sum in legal fees.

The case was filed on December 30, 2024, at the direction of former Board President, Danny Trapp. It was filed in the name of The Summit Community Association, Inc., even though the Board of Directors had never voted to approve it. The Board actually could not have approved it, because of the CC&Rs (Art. XIII, Section 10 Litigation). The Association had never sought or obtained the approval of 75% of the Voting Members.

Dismissing the case also ends the Temporary Restraining Order, which prohibited me from communicating with Board Members or the office about the affairs of the HOA and which prohibited me from attending meetings. 

The new leadership team (majority of the Board) will be a "breath of fresh air" for Members and residents. 

A homeowner asked me this week if I was angry at the HOA. No, I'm not. "The HOA" did not sue me (the Board never approved the lawsuit).

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