I would suggest that you make a formal demand for the return of the funds that he has taken now and in the past. You can say that you consulted with a lawyer about this issue, and that the amended operating agreement, that he signed, does not provide for these fees. You can also tell him that you are prepared to file litigation if he is not willing to return the funds, and that he may be subject to payment of your attorneys fees if it comes to that, but that you expect that he will just provide you with a refund of the fees.
Good luck to you. I wish you all the best.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).