Friday, April 8, 2016

Bel-Air Association Update on Litigation to Declare March 17, 2016 "Special Meeting" Invalid

Dear Bel-Air Association Members and Community,

I would like to update everyone on the situation regarding the invalid March 17, 2016 “special meeting” and the subsequent unauthorized takeover of our office and bank accounts.

As we have previously communicated, the Bel-Air Association and I filed a lawsuit seeking an injunction against those who organized the March 17 meeting (members of the Alliance) and participated in the takeover of the Association’s office and bank accounts. After an unexpected judge reassignment in that case, we determined that it was better to pursue a new lawsuit targeting just the improper “special meeting” and those claiming to have been elected as a new board of directors.

Accordingly, one of the Association’s directors (Bruce Kuyper, our Secretary and General Counsel) filed a new lawsuit in accordance with a specific provision of the California Corporations Code for challenging improper director elections. We therefore voluntarily dismissed the first lawsuit in favor of the second lawsuit, filed on Tuesday. (We could still bring the same first lawsuit again.) We believe that the new lawsuit is the most advantageous form to get us a rapid court determination of the issues because the Los Angeles Superior Court assigns a few specific, specialized judges to corporate election challenges like this one.

We welcome anyone who is interested to review the new lawsuit’s complaint, which is available at https://www.dropbox.com/s/dy4qyejgwamsmeq/Complaint.pdf?dl=0. The complaint details the wrongful conduct of the 9 people incorrectly claiming to have been “elected” to replace the Association’s 25 directors.

We know that the situation has been complicated by the incessant communications of the alleged “new” organization. We therefore invite you to read the complaint to understand that your Bel-Air Association directors are standing firm to protect your rights against those who seek power through the unauthorized and undemocratic March 17, 2016 “special meeting”, in violation of the California Corporations Code and the Association’s bylaws.

We anticipate that the court will make a relatively quick decision in our favor and are confident that a court will ultimately hold those responsible accountable for their wrongful actions.

We again thank you for your support.

Sincerely,

Ron Hudson
Your Bel-Air Association President


P.S. Please follow us on Twitter at https://twitter.com/belairassn.

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