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 tonight’s
Annual Member’s 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 Association’s By-Laws.
12. This motion
for Temporary Injunction is without notice due to the fact that the Annual
Member’s 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 “B” 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 tonight’s Annual Member
Meeting until such time as the Defendant
complies with the association’s 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 Association’s 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 Association’s 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 |
