VICTORY FOR NEW BOARD AND HOMEOWNERS!
SOUTHCHASE PARCEL 45
By Stephen Cluney
|The former board of directors of Southchase
Parcel 45 Home Owners Association filed suit (on November 30, 2001) against
the "new" board elected at the special meeting held on November 19, 2001
at the Southwood Elementary School cafeteria. Attorney James Olson,
(Law Firm Wean and Malchow) who was present at the November 19th meeting,
represented the interests of the former board. He alleged that he
was representing the Southchase HOA. Mr. Olson moved the court for
a "status quo" temporary injunction enjoining the "defendants" (the newly
elected board), from acting as and/or holding themselves out to be the
board of directors of the Southchase Parcel 45 Community Association, Inc,
from taking any actions allegedly on behalf of the Southchase Parcel 45
Community Association, and/or from otherwise interfering with the lawful
business conducted by the current lawfully elected and/or appointed board
The motion was heard by the Honorable George A Sprinkel, IV. on December 6, 2001, in the Orange County Courthouse, Room 18-B.
Mr. Alan Taylor (Law Firm Litchford and Christopher), recently appointed legal counsel for Southchase Parcel 45, represented the interests of the newly elected board and the entire association - the homeowners.
Judge Sprinkel found that there was clearly more than a majority of the votes required (of the quorum) to recall/elect the board. He also stated that the former board exposed the HOA to unnecessary litigation. He denied their motion for temporary injunction against the newly elected board and ordered that records be turned over immediately to the duly elected board of directors.
The Honorable Sprinkel recognized that the expense generated by the former board represented an "unnecessary defiant expense." The court made it clear that the former board had no "justiciable issue of law or fact", and that upon the motion of the HOA it would entertain the Association's request that the individuals of the former board be held financially responsible for the court expenses.
This court action makes clear that the official board of directors for Southchase Parcel 45 consists of those members duly elected on November 19, 2001. The newly elected board intends to serve this association to the best of its ability in an open, honest, forthright manner, focusing on the best interest of the community.
THEY EVER GIVE UP?
SOUTHCHASE PARCEL 45
By Jan Bergemann
|Just when everybody thought that the whole
excitement was over and the homeowners in SOUTHCHASE PARCEL 45 can relax
and try to enjoy their homes again, the "former" board and their attorney
James Olson from the CAI law firm Wean & Malchow, Orlando, Fl., came
up with a new twist. If you remember, they first filed a suit for using
wrong proxy forms, the same used since years in this association. At that
time everybody agreed and settled for a new Special Meeting at an agreed
upon time and place and the management firm sent out an invitation to every
homeowners complete with "correct" proxy forms.
The meeting took place as agreed upon on Monday, November 19, 2001. And, according to the count, the old board was beaten fair and square and replaced by the new board in the presence of attorneys and many homeowners. So, everybody went home, hoping that the problem was solved, enough legal fees spent for nothing and many concerned homeowners thought life would come back to normal.
That would have possibly been the normal
scenario in a normal world, but not in a homeowners' association legally
represented by a well known CAI law firm. Knowing that the newly elected
board wouldn't require their services any longer, these attorneys came
up with a new twist :
I just hope that the judge will decide
in favor of the majority of homeowners in this association and will charge
the cost to the former board members, who were clearly beaten in this special
meeting, after all parties agreed that they would accept the outcome, and
to the attorney's firm, who obviously doesn't want to accept when they