challenging a special meeting

If it was improperly called or held. For instance if the correct percentage of homeowners required to call a SM was not achieved, if the required quorum to hold the meeting was not achieved. Depending on your documents if homeowners voted that were ineligible due to being delinquent. If the required notice was improper or the required time period was off i.e. CC&R's require the meeting to be held within 30 days of presenting the petition to call a SM and the meeting was held on day 31.

Ebony,

They would have to challenge it through the court system. As Glen pointed out, challenges are typically on procedural issues vs. the actual vote count (note: I'm including proxy verification in the procedural issues).

Here is a link to lexisnexis website that has the TN code. Corporate law is covered under Title 48 with nonprofits starting at Chapter 51.

When you go to the site, you will need to click the agree box. Then open the menu tree on the left side of the screen for Title 48. Once you get to the blue lettering (indicating links) you will be shown that section of the law.

Tim

Now you need to get an attorney involved. Give them everything you did for the election and ask what, if anything, do they see that you might have done improperly. In the counter suit, make sure to request attorney fees and any court costs.

Yep, some people believe that they are right no matter what others say.
I admire them for their principal in willing to defend that opinion. Unfortunately, there are times that they have to learn the hard way.

As for the attorney fees, I'm saying that the Association should request attorney fees for having to defend the action (providing your State permits this). Because it involves current and past board members, I don't think that your D&O insurance will cover the legal costs. Therefore, the Association will probably have to pay for the defense.