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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55591
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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If you have a president period of 10 years and you ask m to

Customer Question

If you have a president for a period of 10 years and you ask him to step down in order for a new owner to become president and he refuses to do so what are the steps to take to get him out of office?
Submitted: 2 years ago.
Category: Real Estate Law
Customer: replied 2 years ago.
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Expert:  Richard replied 2 years ago.
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If he refuses to relinquish his role as president when there has been an owner vote electing a new president, then he has no further legal rights to continue in his role as president. If he refuses to step down, you can start with a letter by certified mail demanding he voluntarily step aside within a short specified period of time and letting him know if he refuses to do so on a timely basis, you will be taking two actions: i) filing a civil action asking the court to issue an injunction preventing him from taking any further actions on behalf of your association and awarding the association actual and punitive damages against him for his intentional misconduct; and ii) contacting the district attorney's office to seek not only a restraining order but also to file criminal trespassing charges against him. The letter should be sufficient, but if not pursue the foregoing actions. Once a court issues an injunction, if he violates that he will be in further hot water because he will be in contempt of court and subject to both civil and/or criminal sanctions imposed by the court.
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