My jurisdiction is: Mytle Beach, Horry County, SC
Recently served on the Board of Directors for our HOA. Election held and I (and two others) were not re-elected. Without any contact from the new Board of Directors, three of us have been sued and accused of wrongdoing - breach of fiduciary duty, conversion, civil conspiracy, and equitable accounting. This stems from the fact we have not released any of the records in our possession to the new Board. Number 1, they haven't asked for them, number 2, they recently held another election at an annual meeting which was a total farse - no nominating committee, no quorum, no ballots. My initial question is why we were sued together as opposed to being sued separately. We only were connected when we served on the Board. We now are just individuals living in the same subdivsion.
Is there such a thing as a motion to "separate" - meaning sue each of us individually as opposed to collectively?
Second question - we not have received interrogatories and requests for production of documents. Good Lord, THEY filed this lawsuit - they surely must have had some basis and proofs - how can we be asked to assist the plaintiffs - we intend to defend our stance, not enhance theirs?
Thank you.
Recently served on the Board of Directors for our HOA. Election held and I (and two others) were not re-elected. Without any contact from the new Board of Directors, three of us have been sued and accused of wrongdoing - breach of fiduciary duty, conversion, civil conspiracy, and equitable accounting. This stems from the fact we have not released any of the records in our possession to the new Board. Number 1, they haven't asked for them, number 2, they recently held another election at an annual meeting which was a total farse - no nominating committee, no quorum, no ballots. My initial question is why we were sued together as opposed to being sued separately. We only were connected when we served on the Board. We now are just individuals living in the same subdivsion.
Is there such a thing as a motion to "separate" - meaning sue each of us individually as opposed to collectively?
Second question - we not have received interrogatories and requests for production of documents. Good Lord, THEY filed this lawsuit - they surely must have had some basis and proofs - how can we be asked to assist the plaintiffs - we intend to defend our stance, not enhance theirs?
Thank you.
