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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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How do you file an injunction on a 501 c7 organization in

Customer Question

How do you file an injunction on a 501 c7 organization in Harris County. Our club has been taken over a new board who wants to assess the members. It takes a majority of the membership to vote for an assessment. They are are stating that it takes a majority of a quorum of 25 to pass an assessment. It states in our clubs by-laws that an assessment must be by a majority vote of the membership.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me:

What do you plan to sue for? To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

The problem is that one cannot simply file an injunction without a cause of action. A injunction is used within a lawsuit while the suit is pending, but the Court has to have a cause of action. The injunction can be made permanent after the final trial hearing.

So, what is one suing for - negligence, fraud, etc? Or, not sure? And who are you suing - the non-profit? The individuals who have taken over? Etc.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Expert:  Ely replied 9 months ago.
Hello! Just touching base to see if you still needed an answer and if you could reply to my query. Thanks!

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