Justice Daniel Palmieri
Plaintiff homeowners moved for a preliminary injunction. They reside in a gated community whose governance was reposed in a home owner’s association (HOA), a defendant. Plaintiffs and the HOA were named as defendants in an action by neighbor Fadlon. Plaintiffs’ insurer provided a defense and was trying to settle with Fadlon. Fadlon alleged plaintiffs planted an invasive bamboo vegetation that spread to Fadlon’s property and caused damage. She claimed the HOA failed in its responsibility for landscaping and maintenance, allowing the condition to continue. Plaintiffs claimed Fadlon would not permit entry to her property for removal, yet the board continued assessing monthly fines. The Board of Directors voted to have residents’s vehicles denied access to the community if they were in arrears. Plaintiffs claimed the vote denied them access to the premises, and they could not comply with the board’s abatement directive. The court rejected defendants’ claim the motion was barred by the business judgment rule as meritless. It found plaintiffs made a prima facie showing of entitlement to injunctive relief, noting an injunction would maintain the status quo as plaintiffs risk the loss of the Fadlon action, and their substantial ownership rights, granting the motion.
