Michael Frisbey Et Al. v. Salem Pointe Capital, LLC Et Al.

The company holding developer’s rights to a subdivision and the company’s principal member used the developer’s rights to unilaterally remove a board member from the board of the subdivision’s homeowners’ association. The aggrieved board member and his wife filed suit, asking for an injunction allowing the plaintiff to remain a board member. The trial court granted the plaintiff’s request for a temporary injunction and later held that the defendant company lacked the authority to remove the plaintiff as a board member. The trial court reasoned that the bylaw on which the company relied in removing the board member was contrary to state law and improper. Defendants appealed to this Court. We reverse in part and affirm in part, affirming the trial court’s ultimate ruling that the plaintiff is entitled to his seat on the homeowners’ association board.