TEMPORARY INJUNCTION
COMPLAINT
Documents (scanned version MS-Word)

 
                                                                               IN THE COUNTY COURT, IN AND
                                                                               FOR DUVAL COUNTY, FLORIDA

RON ALLEN, LARS JETTMAN,
MARIE SPLANE, and KATHY NULL as
Homeowners in Chimney Lakes Owner Association, Inc.

                                     Plaintiff(s)
                                                                               CASE NO.: 01 Ė 010246 -SP
                                                                               DIVISION; D
VS

CHIMNEY LAKES OWNERS ASSOCIATION, INC.,

                                    Defendant.
 

                      TEMPORARY INJUNCTION  WITHOUT NOTICE
             This cause having come to be heard on the 4" day of December 200 1, upon a Verified Emergency Motion for Temporary Injunction to prohibit the Defendant from holding a vote of the Board of Directors at its Annual Members Meeting and the Court having been fully advised in the premises, it is therefore FOUND:

1.        An Emergency Verified Motion for Temporary Injunction has been filed by Plaintiff(s), alleging facts which under existing law are determined to be sufficient to authorize the entry of the Temporary Injunction Without Notice prohibiting the Defendant, Chimney Lakes Owners Association, Inc., from holding a vote of the Board of Directors on December 4, 2001.
2.        This Court has jurisdiction over the parties and subject matter of this case.
           It is therefore ORDERED that:

1.       Chimney Lakes Owners Association, Inc., is prohibited from holding a vote 
           of the Board of Directors to elect or re-elect members of the Board until
           such time as a hearing can be held upon notice to the Defendant

DATED this  DEC.4, 2001

A TRUE COPY HEREOF
IN ABOVE CASE SIGNED
DAY OF DEC. 4,  2001

Brant D. Shore
(signature)

COUNTY COURT JUDGE

Copies to:

David P. Trotti, Esq.
Attorney for Plaintiff
55'71 Playa Way
Jacksonville, Fl. 32211

Jeffery Tommassetti
Attorney for Defendant
406 Ask Street
Fernandina Beach, FL 32035-1443


 
                                                                                    IN THE COUNTY COURT, IN AND
                                                                                     FOR DUVAL COUNTY, FLORIDA

RON ALLEN, LARS JETTMAN,                                     CASE NO.: 01-10245 SP
MARIE SPLANE, AND KATHY NULL, as                    DIVISION: D
Homeowners in Chimney Lakes
Owners Association, Inc.,

                                                           Plaintiff,
vs.

CHIMNEY LAKES OWNERS ASSOCIATION, INC.,

                                                           Defendant.
 

         VERIFIED EMERGENCV MOTION FOR TEMPORARY INJUNCTION

       COMES NOW, the Plaintiff(s), by and through the undersigned attorney, and respectfully file this Emergency Motion for Temporary Injunction and in support thereof, states:

       1.      This is a Motion for a Prohibitory Temporary Injunction to prohibit the Defendant from holding a vote for a new board of directors at its Annual Members Meeting tonight December 4,2001.
       2.      The mailing of the General Proxies was not done in accordance with the Association's By-Laws.  The mailing was not done independently but by bulk mail with the Association's newsletter.  This violates the Association's By-Laws.
       3.      Many of the Association's members did not receive the General Proxy.
       4.     The return address shown on the General Proxy is incorrect.  The correct address is 8410 Cheswick Oaks Ave. The address shown on the General Proxy does not exist within the Association.
       5.     The Association By-Laws does not provide a deadline of when the General Proxies has to be returned. The General Proxy states a misrepresentation of the Association By-Laws. This misrepresentation has caused many of the Association members not to return the Proxy.
       6.      The Association is attempting to comply with §720.306 of the Florida Statutes, which provides procedures for voting of directors.  The Association has also provided By-Laws which provide procedures on how proxies will be distributed and returned. A copy of Article III is marked as Attachment "A" and made part by this reference.
      7.      This Motion is to prohibit the voting or the board of directors at tonight's Annual Members Meeting because the proxy votes have not been distributed in accordance with the Association's By-Laws.
      8.     The Motion is to maintain the Status Quo until such time that the Association complies with the By-Laws.
      9.     There is no adequate remedy at law that would remedy the
outcome of any vote that is cast at tonightís Annual Memberís Meeting. The By-Laws do not provide for late proxies that is cast or for a recount.
   10.      There is a strong likelihood that irreparable injury to the Association could take place if this injunction is not granted, to wit.
              a. There are discrepancies in the Associations procedures for 
procuring contracts.
              b. There are discrepancies in the Associations financial
records. Due to the size of the Association and the amount it collects in assessments, these discrepancies can add up to large amounts of money from the association.
              c.        The current Board of Directors has failed to inform its 
members of all matter relating to the Association, which have an impact on the 
financial wellbeing of the association.
              d.      Without the full awareness of the voting of a new board of directors or the ability to cast a proxy vote, the members of the association will  not have the opportunity to do so until next years annual members meeting.
              e.      This association collects nearly $ 700,000.00 per year in 
homeowner  assessments and without the ability for all members to be afforded
the opportunity to cast a vote in person or by proxy will cause damages that are 
immeasurable.
     11.     The Temporary Injunction will only be in place until the association strictly complies with the Associationís By-Laws.
     12. This motion for Temporary Injunction is without notice due to the fact that the Annual Memberís Meeting is tonight December 4, 2001.
     13. The undersigned has attempted to contact the attorney for the association, Jeffrey Tomassetti, (904) 264-1833 but has been unable to reach him this afternoon.
     14. An affidavit of Lars Jettman is marked as attachment ďBĒ and made part by this reference.

        WHEREFORE, the plaintiff(s), request that this Honorable Court enter a 
Temporary Injunction prohibiting the Defendant from holding a vote of the Board
of Directors at tonightís Annual Member Meeting until such time as the Defendant
complies with the associationís By-Laws regarding the proper mailing and casting
of proxy votes.

       I HEREBY CERTIFY that a true and correct copy of the foregoing was faxed

to the Associationís Attorney, Jeffrey Tomassetti at (904) 261-8023 and served 

along with the Complaint on this 4th. Day of December 2001.

DATED this 4th. Day of December 2001                       (SIGNATURE )  
                                                                                  Lars Jettman, Homeowner 
                                                                                  For Plaintiff(s) 

       I HEREBY CERTIFY that a true and correct copy of the foregoing was faxed
to the Associationís Attorney, Jeffrey Tomassetti at (904) 261-8023 and served 
along with the Complaint on this 4th. Day of December 2001.

                                                                                                 DAVID P. TROTTI, P.A.
                                                                                                  ( signature )
                                                                                                  Attorney for Petitioner 
                                                                                                  5571 Playa Way
                                                                                                  Jacksonville, Florida 32211
                                                                                                  (904) 745-5556
                                                                                                  Florida Bar No.: 0196207