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Based on what you have stated, it appears that you will not get this issue resolved without court action. So, as homeowners
, you may have to sue the HOA and the remaining board members for one or more of the following causes of action:
1. Breach of contract for not following the bylaws, the CC&Rs or other rules regulating how the HOA should be operated. Check these documents on the rules of succession to determine how and when resigning board members are to be replaced and how and when special meetings may be called and follow those procedures and keep accurate records to show that he HOA and the remaining board are not response or are in violation.
2. For breach of fiduciary duty to act in the homeowners' best interests; and
3. For a declaratory relief, if there is any confusion or ambiguity in the governing documents as to how things should be run or transpire when board members resign:
Since the HOA has a lawyer, you will also need a lawyer otherwise you will likely lose the case on procedural technicalities. While we cannot refer a lawyer to you, you may want to contact your state bar for a business litigation lawyer that specializes in HOA matters:
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