Our HOA has been hijacked by a rogue management company. It filed an ex parte request to bypassing our Bylaws' quorum requirement for general election. The filing is in the HOA's name but done without the Board's approval. It lists our HOA as plaintiff all by itself without any respondent. The hearing date is one month away. Can we the homeowners or the Board members file a motion to object such ex parte application?
Your description is a little vague, but it sounds like you need a thorough analysis of the ex parte and the underlying lawsuit and facts surrounding same...
Homeowners likely have a say as to what actions their association is taking and that such actions follow proper approval by its board. There are many documents & agreements (likely) governing the HOA's actions and the actions of any agents (management companies, etc.) of the HOA. Sounds like you/your board could benefit from the advice in counsel experienced in HOA law. Preferably in your area, to facilitate meetings with counsel!
The California Bar might be able to suggest counsel somewhat more local to your location. The HOA needs to hire counsel to ensure its contractor is doing what it should! Separate and apart from the management company's hired counsel (if any)...
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