LAKE PLACE CONDOMINIUM ASSOCIATION, INC. Motion for Temporary Injunction

COMES NOW, the Plaintiff Lake Place Condominium Association, Inc., by and through its undersigned counsel pursuant to Rule 1.610 of the Florida Rules of Civil Procedure and respectfully moves this Court to enter a temporary injunction against the Defendants Leonard Colodny, Calvin Cooper and Jon Zuch, to refrain from improperly acting on behalf of the Association and from interfering with the ability of the duly elected Board of Directors to administer the affairs of the condominium and as grounds therefore would allege:

1. Plaintiff, Lake Place Condominium Association, Inc. (hereinafter the "Association") is a not for profit corporation with its principal place of business in Hillsborough County , Florida .

2. The Defendants, Leonard Colodny, Calvin Cooper and Jon Zuch are the owners of condominium units in Lake Place Condominium I.

3. The Association is responsible for administering the affairs of Lake Place Condominium I and Lake Place Condominium II.

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.

5. Pursuant to the Amended and Restated Articles of Incorporation for Lake Place, a Condominium Association, Inc., the members of the Association "shall consist of all of the record title holders of Lake Place, a Condominium and Lake Place II, a Condominium." A copy of the Amended and Restated Articles of Incorporation for Lake Place Condominium Association, Inc. is attached hereto as Exhibit A.

6. Colodny, Cooper and Zuch have attempted to recall three members of the duly elected Board of Directors.

7. Colodny, Cooper and Zuch have only obtained signatures from Lake Place Condominium I and therefore did not obtain an agreement in writing by a majority ofthe members.

8. The current Board of Directors consists of the following members:

Regina Gregory Linda Trujillo Bonnie Wilpon Gloria Meyers

Sandra Reynolds (resigned effective April 24,02006)

(hereinafter the "Duly Elected Board of Directors").

9. The Defendants have failed to comply with Florida Statute 718.112(2)U) in their attempt to recall three (3) members of the Board of Directors.

10. Specifically,

(a) the Defendants did not obtain a majority of the voting interests; and

(b) the Defendants did not properly serve a copy of the written agreement recalling the Directors.

11. 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.

The Association attaches hereto and incorporates herein the Defendants' proposed agenda for a special Board of Directors meeting as Exhibit "B".

12. The Defendants are attempting to reverse a properly imposed special assessment.

13. The Defendants are attempting to hold a special Board of Directors meeting.

14. The Defendants are impersonating the duly elected Board of Directors by utilizing the Association's letterhead.

15. The Defendants are covering and/or replacing notices to the membership posted by the duly elected Board of Directors.

16. The Defendants are advising unit owners not to pay a properly imposed special assessment.

17. The Association is without an adequate remedy at law.

18. 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 being caused by the Defendants.

20. Without injunctive relief, the Association is suffering and will continue to suffer irreparable harm by virtue of, but not limited to, the following:

(a) the members of the Association will be subject to illegal action taken by the Defendants on behalf of the Association,

(b) the ability of the Association to act in the best interest of the Association is undermined by the actions of the Defendants, and

(c) 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.

21. The Association has retained the firm of Bush Ross, P.A. to represent it in bringing this action and is obligated to pay its attorney a reasonable fee for its services. The Defendants are obligated to pay the Association's attorney's fees if the Plaintiff prevails, pursuant to the Declaration and pursuant to Chapter 718 of the Florida Statutes.

22. The probability of the Association's success in the injunction action is high based on the Defendants' failure to comply with the procedure for recall set forth in Florida Statute 718.112.

23. 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.

24. The Association is prepared to file an injunction bond with the Clerk of Court.

25. The Association has provided notice to the Defendants of its intentions to seek a temporary injunction against them and will provide notice of any hearing set on this motion.

WHEREFORE, Lake Place Condominium Association, Inc. respectfully requests that this Court enter an injunction:

(a) prohibiting the Defendants from taking action on behalf of the Association;

(b) interfering with the Association's duly elected Board of Director's administration of the affairs of the condominium; and

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by

u.s. Mail delivery to Defendants Leonard I. Colodny, 6909 Lake Place Court, Tampa, FL 33634; Calvin F. Cooper, 6929 Lake Place Court, Tampa, FL 33634; and to Jon Zuch, 6904 Lake Place Court, Tampa, FL 33634, on this 2nd day of May, 2006.