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201952366
IN THE DISTRICT COURT
MIRIAM MOORE, JEFF JOHNSON, SHAWN
OUJEZDSKY, T AL., ON BEHALF OF
THEMSELVES AND ALL OTHER
SOUTHMEADOW PROPERTY OWNERS
SIMILARLY SITUATED
PLAINTIFF JUDICIAL DISTRICT
SOUTHMEADOW PROPERTY OWNER
ASSOCIATION, INC
DEFENDANT. HARRIS COUNTY, TX
PRELIMINARY INJUNCTION ORDER
Miriam Moor Jeff Johnson, Shawn Oujezdsky, et al., on behalf of themselves and all other
Southmeadow property owners similarly situated, Plaintiffs, in this cause, have filed a verified petition
for a temporary injunction. After giving notice to the Defendants, and reviewing the facts in the
verified petition, affidavits, exhibits and testimo the Court is of the opinion that unless
Southmeadow Property Owners Association, Inc. (“SPOA”), Defendant, is immediately placed in a
limited receivership, Defendant will commit the foregoing act(s) before trial on Plaintiffs’ petition for
permanent injunction and declaratory judgment; and that if the commission of these acts is not
enjoined immediately, Plaintiffs will suffer irreparable injury because documents and tangible
evidence will be destroyed or hidden and witnesses will either be bribed with contracts or other
inducements, or be too afraid or intimidated to testify because Defendants will continue to:
Selectively prosecute deed violations to target witnesses for the Plaintiff and impose fines
or liens against their property, placing a cloud on title to real property.
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Maintain unconscionable contracts
Incur liabilities to the detriment of the corporation and its members.
Misappropriate funds from the SPOA accounts and falsify documentation.
Cover up and/or destroy evidence and proof of contract breach and violations outlined in
plaintiff’s original petition.
Violate the bylaws as at the July 23rd meeting in future meetings, further suppressing
member participation in the association.
Waste and mismanage SPOA funds and properties while destroying or hiding records
In the alternative, Plaintiffs are entitled to the receivership remedy due to breach of trust as a result
of the board of directors’ behavior outlined above and in accordance with Texas Property Code §
114.008 and § 123.001 (1) and (2).
IT IS, THEREFORE, ORDERED that Defendants and their agents, employees, and those acting in
concert with them comply with the following from the date of entry of this order until further order of this
Court:
Pursuant to Texas Civil Practice & Remedies Code § 64.001(3) and/or Texas Property Code §
114.008 and/ or Tex. Bus. Orgs Code § 11.404(a)(3) , a receiver is hereby appointed for the limited
purpose outlined below.
1. Send notice and reconvene special meeting pursuant to SPOA, Inc. bylaws.
2. Oversee removal proceeding during special meeting, implementing one-ballot rule.
3. Respond to emergency requests from management until board vacancies are filled.
4. Conduct second special meeting to elect replacements for all vacancies.
5. Remove signatories from bank accounts until election of new officers.
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6. Cancel any debit or credit cards.
7. Permanently implement electronic bill payment system for all bills exceeding $50/bill.
8. Review deed violation lists and letters for fairness and consistency.
9. Determine whether assessments are being levied and collected consistently and fairly.
10. If necessary, contract HOA collection agent for outstanding assessments and fees.
11. Order an audit of SPOA Inc.’s books, and report findings to court.
12. Provide records to SPOA Inc.’s members in accordance with Texas HOA laws.
During the pendency of the litigation the receiver will have the following exclusive powers:
1. Right to terminate contracts that are not in SPOA Inc.’s best interest.
2. Right to review credentials of potential contractors or vendors.
3. Right to collect new contract bids and present them to the board.
4. Ability to make determinations when the board is deadlocked or fails to carry out duties.
5. Ability to provide any SPOA, Inc. records or data to criminal investigators.
The clerk of the above-entitled Court shall forthwith, on the filing by Plaintiff of the bond
hereinafter required, and on approving the same according to the law, issue a temporary injunction
writ in conformity with the law and the terms of this order. This order shall not be effective unless
and until Plaintiff executes and files with the clerk a bond, in conformity with the law, in the amount
of ______________________ dollars ($______________).
SIGNED on December ______, 2019.
The clerk of the above-entitled Court shall forthwith, on the filing by Receiver of the bond
hereinafter required, and on approving the same according to the law, issue a Temporary Receivership
in conformity with the law and the terms of this order and The Temporary Receivership Order. The
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Temporary Receivership Order shall not be effective unless and until receiver executes and files with
the clerk a bond, in conformity with the law, in the amount of ______________________ dollars
($______________).
SIGNED on December ______, 2019.
____________________________________________
District Judge
Approved:
Henderson Law Group, PLLC
By: /s/ Chadrick S. Henderson__
Chadrick S. Henderson_______
POB 88323
Houston, TX 77288
Tel: (832) 209-1441
Email: chadhendersonlaw@yahoo.com
Fax: (832) 209-1380
TBN: 00797854
Attorney for Plaintiffs
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201952366 IN THE DISTRICT COURT MIRIAM MOORE, JEFF JOHNSON, SHAWN OUJEZDSKY, T AL., ON BEHALF OF THEMSELVES AND ALL OTHER SOUTHMEADOW PROPERTY OWNERS SIMILARLY SITUATED PLAINTIFF JUDICIAL DISTRICT SOUTHMEADOW PROPERTY OWNER ASSOCIATION, INC DEFENDANT. HARRIS COUNTY, TX PRELIMINARY INJUNCTION ORDER Miriam Moor Jeff Johnson, Shawn Oujezdsky, et al., on behalf of themselves and all other Southmeadow property owners similarly situated, Plaintiffs, in this cause, have filed a verified petition for a temporary injunction. After giving notice to the Defendants, and reviewing the facts in the verified petition, affidavits, exhibits and testimo the Court is of the opinion that unless Southmeadow Property Owners Association, Inc. (“SPOA”), Defendant, is immediately placed in a limited receivership, Defendant will commit the foregoing act(s) before trial on Plaintiffs’ petition for permanent injunction and declaratory judgment; and that if the commission of these acts is not enjoined immediately, Plaintiffs will suffer irreparable injury because documents and tangible evidence will be destroyed or hidden and witnesses will either be bribed with contracts or other inducements, or be too afraid or intimidated to testify because Defendants will continue to: Selectively prosecute deed violations to target witnesses for the Plaintiff and impose fines or liens against their property, placing a cloud on title to real property. 1 Maintain unconscionable contracts Incur liabilities to the detriment of the corporation and its members. Misappropriate funds from the SPOA accounts and falsify documentation. Cover up and/or destroy evidence and proof of contract breach and violations outlined in plaintiff’s original petition. Violate the bylaws as at the July 23rd meeting in future meetings, further suppressing member participation in the association. Waste and mismanage SPOA funds and properties while destroying or hiding records In the alternative, Plaintiffs are entitled to the receivership remedy due to breach of trust as a result of the board of directors’ behavior outlined above and in accordance with Texas Property Code § 114.008 and § 123.001 (1) and (2). IT IS, THEREFORE, ORDERED that Defendants and their agents, employees, and those acting in concert with them comply with the following from the date of entry of this order until further order of this Court: Pursuant to Texas Civil Practice & Remedies Code § 64.001(3) and/or Texas Property Code § 114.008 and/ or Tex. Bus. Orgs Code § 11.404(a)(3) , a receiver is hereby appointed for the limited purpose outlined below. 1. Send notice and reconvene special meeting pursuant to SPOA, Inc. bylaws. 2. Oversee removal proceeding during special meeting, implementing one-ballot rule. 3. Respond to emergency requests from management until board vacancies are filled. 4. Conduct second special meeting to elect replacements for all vacancies. 5. Remove signatories from bank accounts until election of new officers. 2 6. Cancel any debit or credit cards. 7. Permanently implement electronic bill payment system for all bills exceeding $50/bill. 8. Review deed violation lists and letters for fairness and consistency. 9. Determine whether assessments are being levied and collected consistently and fairly. 10. If necessary, contract HOA collection agent for outstanding assessments and fees. 11. Order an audit of SPOA Inc.’s books, and report findings to court. 12. Provide records to SPOA Inc.’s members in accordance with Texas HOA laws. During the pendency of the litigation the receiver will have the following exclusive powers: 1. Right to terminate contracts that are not in SPOA Inc.’s best interest. 2. Right to review credentials of potential contractors or vendors. 3. Right to collect new contract bids and present them to the board. 4. Ability to make determinations when the board is deadlocked or fails to carry out duties. 5. Ability to provide any SPOA, Inc. records or data to criminal investigators. The clerk of the above-entitled Court shall forthwith, on the filing by Plaintiff of the bond hereinafter required, and on approving the same according to the law, issue a temporary injunction writ in conformity with the law and the terms of this order. This order shall not be effective unless and until Plaintiff executes and files with the clerk a bond, in conformity with the law, in the amount of ______________________ dollars ($______________). SIGNED on December ______, 2019. The clerk of the above-entitled Court shall forthwith, on the filing by Receiver of the bond hereinafter required, and on approving the same according to the law, issue a Temporary Receivership in conformity with the law and the terms of this order and The Temporary Receivership Order. The 3 Temporary Receivership Order shall not be effective unless and until receiver executes and files with the clerk a bond, in conformity with the law, in the amount of ______________________ dollars ($______________). SIGNED on December ______, 2019. ____________________________________________ District Judge Approved: Henderson Law Group, PLLC By: /s/ Chadrick S. Henderson__ Chadrick S. Henderson_______ POB 88323 Houston, TX 77288 Tel: (832) 209-1441 Email: chadhendersonlaw@yahoo.com Fax: (832) 209-1380 TBN: 00797854 Attorney for Plaintiffs 4