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question iconHow does a homeowner get an injunction to stop the HOA from changing her easement from “ingress and egress” to open to forest access by all 93 other owners. President wants to put it to vote. Irrepable damage to her right to peaceful enjoyment of her lot. People trespassing and cutting her fence now. HOA manages road maintenance but lot owners own the Easements. She is changing the covenants and says “ingress and egress” is too vague and everyone should be able to use the easement on her property. Forest Service Road is closed and for emergency use only. Need an attorney to file an injunction so this doesn’t go to vote.
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There are different kinds of injunctive relief. Temporary restraining orders are of a limited duration, and under certain circumstances may be requested without notice to the other party (this is rare), preliminary injunctions essentially preserve the status quo pending a final trial, and permanent injunctions enter at the final trial of the case. The elements for a preliminary injunction, generally, are (1) that the party seeking relief has a reasonable probability of winning on the ultimate issue at trial; (2) that there exists a danger of real, immediate, and irreparable injury, (3) that there is no plain, speedy, or adequate remedy at law; (4) that the granting of an injunction will not disserve the public interest; (5) that the balance of equities favors the granting of the injunction; and (6) that the injunction will preserve the status quo pending a trial on the merits. In my experience, requests for injunctive relief are most often denied on the bases that there exists no immediate, irreparable injury, or that the party seeking the injunction is not likely to win at trial. You may wish to consult with an experienced attorney to determine if the facts of your case meet the standard for injunctive relief.


The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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Bill Henry
OtherAug 24, 2020
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