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LaskaS (Texas)
Posts: 1,033
Posted:
ok. The announced election results of our texas condominium annual meeting did not accurately reflect the underlying electoin proxies, ballots, documentation. Myself and Current board member exhaustively audited the results. When we presented the findings to the company who tallied the results(our accounting company and designated managing agent) they said you will have to take it up with the board. When we presented the findings to the board, they said we rely onthe management company to conduct the election.. In effect refusing to acknowlege that the announced results did not match the underlying documents. I filed a lawsuit and filed for an emergency temporary injunction. specifically, seeking declatory relief that the announced results . The tro was granted. Now I hae the TI hearing.. i'm struggling with what to request. I believe a TI is a much bigger hurdle than an TRO. Has anyone every had to go to court to ask a judge to order a neutral reconstruction of the votes.. i'm not asking the court to decide, i'm asking them to stop the current board (as announce) from making any decisions or governance changes outside of normal operatings for maintenance and paying regular bills.
ElleN (Idaho)
Posts: 1,360
Posted:
Thank you for the update. It is all interesting.

In layperson-speak, for the temporary injunction (TI) it seems to me what you now face is the arguments from the HOA (under direction of the HOA) as to why there should not be a TI. For one thing I believe you have to show irreparable harm if the board is allowed to make decisions outside of normal operations for maintenance and usual bills? I am just googling and reading things like https://www.fiduciarylitigator.com/files/2018/09/Temporary-Injunctive-Relief-_Slides.pdf .

One concern is the HOA attorney will bury you with procedural requirements. As I say from time to time: There's a reason attorneys go to law school and have to pass the bar.

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