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How do you file an injunction on a 501 c7 organization in…

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How do you file an...
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: 2 years ago.Category: Real Estate Law
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Answered in 17 minutes by:
3/3/2016
Real Estate Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,583
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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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.

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Real Estate Lawyer: Ely, Counselor at Law replied 2 years 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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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).

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