Our condo board of directors took us to SC court over a violation of the Pet Policy Amendment. We have two small Dachshunds and the Amendment says you can only have one. We had heard stories about the Amendment saying that it was railroaded through by a board president without regards to legality. We had a local lawyer peruse the documents and votes and he found numerous violations.
When we got to SC court I brought up these violations and the judge agreed ruling, "the plaintiff (board of directors) failed to establish that it had properly enacted an amendment to its bylaws under which it could properly impose a penalty against the defendants. Go hence without day." This was Oct 2012. Fast forward to today and the condo board is attempting to fine us on the SAME ISSUE. There has been no revote to the amendment or anything.
Is this not double jeopardy as we have a judge's ruling against our board?
Thank you.
When we got to SC court I brought up these violations and the judge agreed ruling, "the plaintiff (board of directors) failed to establish that it had properly enacted an amendment to its bylaws under which it could properly impose a penalty against the defendants. Go hence without day." This was Oct 2012. Fast forward to today and the condo board is attempting to fine us on the SAME ISSUE. There has been no revote to the amendment or anything.
Is this not double jeopardy as we have a judge's ruling against our board?
Thank you.
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