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CERTIFIED LETTER TO BOARD MEMBERS
June 11th, 2007 Mr.
Larry Rosen, President Spring Hill, Fl 34609
VIA
CERTIFIED MAIL Dear Board Members,
I
have been advised by legal counsel
well versed in association election regulations to inform you that any
failure by the Board of Directors to adhere to the formally announced results
of the Board election at the annual meeting on June 4, 2007 is a clear
violation of Florida Statutes. Installing residents NOT announced and NOT
certified at the election as winners behind closed doors without any
public meeting will be considered election
fraud and might lead to personal lawsuits against certain directors for
breach of fiduciary duty if they fail to uphold the announced election
results. What
is happening in the moment in our community is a total disregard of the will
of the voters that participated in the election process. It is up to the
people who failed to receive the necessary votes during the count of the
ballots at election night to bring formal arbitration requests. They have to
prove that election procedures were not followed and ask the arbitrator to
reverse the announced election results! The
election results officially announced at the meeting in the presence of many
witnesses are the only valid results and the duly elected owners represent for
the time being the board of directors of our community, unless an arbitrator
finds otherwise. Any
later “found” or “misplaced” or “miscounted” ballots are not valid
or relevant. Only the ruling of an arbitrator according to FS 720.306(9) can
make changes to the announced result of the election. PERIOD! Ken
Kral, a former sitting and officially defeated prior board members
accessed and distributed sealed official election materials to other people in
private after the winners were officially announced and certified by a second
count by board member, Tom Lyons. Private meetings with select
sitting board members and Ken Kral may constitute a violation of Once an election result is announced and certified as was done on June 4th and the meeting ended, the election is over and results are final. Any perceived error or discrepancy must be brought for arbitration by the individual affected. I
will not be forced to relinquish my duly elected seat under pressure from
Larry Rosen and Gary Keller. I
will take my seat on the board according to the election results officially
announced at the membership meeting and Please
consider your actions carefully before involving our community in all kinds of
litigation caused by your violations of Sincerely, David B. Parker |