IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN
PLACE CONDOMINIUM ASSOCIATION, INC., a
for profit corporation,
COLODNY, CALVIN COOPER, and JON ZUCH,
MOTION FOR TEMPORARY INJUNCTION
NOW, the Plaintiff Lake Place Condominium Association, Inc., by and through its
1. Plaintiff, Lake Place
Condominium Association, Inc. (hereinafter the "Association")
2. The Defendants,
Leonard Colodny, Calvin Cooper and Jon Zuch are the owners of
3. The Association is
responsible for administering the affairs of
4. Florida Statute 718.112(2)(j) states in part as follows:
Subject to the provision of S. 718.301, any member of the board of administration may be recalled and removed from office with or without cause by the vote or agreement in writing by a majority of all the voting interests.
Pursuant to the Amended
and Restated Articles of Incorporation for Lake Place, a
Colodny, Cooper and Zuch have attempted to recall three members of the
duly elected Board of Directors.
Colodny, Cooper and Zuch have only obtained signatures from Lake
The current Board of Directors consists of the following members:
Regina Gregory Linda Trujillo Bonnie Wilpon
Sandra Reynolds (resigned effective April
(hereinafter the "Duly Elected Board
The Defendants have failed to comply with Florida Statute 718.112(2)U)
the Defendants did not obtain a majority of the voting interests; and
the Defendants did not properly serve a copy of the written agreement
The Defendants have and are currently improperly taking action on
behalf of the Association and interfering with the Association's duly elected
Board of Director's official business.
Association attaches hereto and incorporates herein the Defendants' proposed
agenda for a special Board of Directors meeting as Exhibit "B".
The Defendants are attempting to reverse a properly imposed
The Defendants are attempting to hold a special Board of
14. The Defendants are impersonating the duly elected Board of Directors by
15. The Defendants are covering and/or replacing notices to the membership
16. The Defendants are advising unit owners
not to pay a properly imposed special assessment.
The Association is without an adequate remedy at law.
The Association will suffer irreparable
harm if the Defendants are not prohibited from improperly taking action on
behalf of the Association and interfering with the Association's current Board
of Director's official business.
19. Money damages are inadequate and cannot
compensate the Association for the harm
Without injunctive relief, the Association is suffering and will
continue to suffer irreparable harm by virtue of, but not limited to, the
the members of the Association will be subject to illegal action taken
(b) the ability of the Association to act in the best interest of the Association is undermined by the actions of the Defendants, and
the Defendants' actions will interfere with the duly elected Board of
Director's ability to administer the affairs of the condominium and fulfill
their fiduciary duties to the members.
The Association has retained the firm of Bush Ross, P.A. to represent
it in bringing
The probability of the Association's success in the injunction action
is high based on
While the potential damage to the Association and public harm caused by
the Defendants' action is great, the potential damage to the Defendants if
this injunction is ordered is nominal.
The Association is prepared to file an injunction bond with the
Clerk of Court.
The Association has provided notice to the Defendants of its intentions
to seek a
Lake Place Condominium Association, Inc. respectfully requests that this Court
enter an injunction:
prohibiting the Defendants from taking action on behalf of the
interfering with the Association's duly elected Board of Director's
administration of the affairs of the condominium; and
(c) such other and further relief the Court deems just and proper.
HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
Mail delivery to Defendants Leonard I. Colodny, 6909 Lake Place Court,
Tampa, FL 33634;
Tampa, FL 33601
(813) 223-9620 (fax)
Attorneys for the Plaintiff
Steven H. Mezer, Esquire
Florida Bar No.: 239186
Meredith A. McCall, Esquire Florida Bar
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