Reynwood Manor Estates Association, Inc. v. Mark and Josephine Freischlag (2010)

MEMORANDUM OF DECISION RE PREJUDGMENT REMEDY

The plaintiffs claim a prejudgment remedy of $15,000.   The court has reviewed the evidence in the case and has heard the testimony of Greg Helms, President of Allen Management.   The Association is run by the Board of Directors.   The by-laws govern the management of the board of directors.   Meetings are held and notices are sent.   The court finds that notice was sent and the minutes of the meetings relevant to this issue thereafter were circulated to the Members of the Association.

The defendant Mark Freischlag admits that he owes a reasonable assessment but does not believe the assessments charged were reasonable.   He has chosen not to attend board meetings.   He claims among other things that the Board is without power to hire a management company.

The court has read Article 4 Board of Directors in Exhibit 14 and finds that the Board has the powers and duties necessary for the administration of the affairs of the corporation.   This is broad power language.   The defendant uses Section A-H to provide limitation on the powers.   It is clear however, that the powers of the Board are “such powers and duties of the Board shall include but shall not be limited to the following:” therefore these are suggestive powers.   It appears to this court that if the Board determined hiring a management company was necessary then that would be within their powers.   If someone was unhappy with that it should be raised at the meeting and put to a vote of the members.

The court finds the assessment due is $7,030.   The court further finds that some attorneys fees and costs are due as a result of the amended by-laws of June 30, 2009 Exhibit 14.   Reasonable attorneys fees and costs are $3,270.

The court grants a prejudgment remedy of $10,300.   The remaining claims of the plaintiff to bring the prejudgment remedy to $15,000 are rejected by this court at this time.

A prejudgment remedy in the sum of $10,300 may be granted as to the real estate requested.

So Ordered.

THE COURT

EDWARD R. KARAZIN, JTR

Karazin, Edward R., J.T.R.