STATE OF FLORIDA

Department of Business and Professional Regulation

 DRAYTON PLACE OWNERS ASSOCIATION, INC,

 Petitioner, v.

HOMEOWNERS VOTING FOR RECALL

Respondent

Case No. 2007-04-6143

 SCANNED VERSION


STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES

    

IN RE: PETITION FOR RECALL ARBITRATION

 

DRAYTON PLACE OWNERS ASSOCIATION, INC,

Petitioner,

v.                                                                                                          Case No.

WILLIAM M. DAVIS, HOMEOWNER'S REPRESENTIVE             

Respondent.

_____________________________/

MOTION TO DISQUALIFY

The Petitioner, Drayton Place Owners Association Inc, (the "DPHOA") by and through its undersigned attorneys, moves to disqualify William M. Davis as homeowner's representative based on the following: 

 

1. Upon information and belief, the DPHOA alleges that Davis has committed fraud against the residents by falsely obtaining signatures on ballots, completing ballots before and/or after signing, harassing and threatening residents to sign ballots, obtaining signatures on blank ballots, other documents, and generally, not disclosing his adversarial relationship with the DPHOA. 

 

2. For approximately eight years, Davis has refused to comply with covenants, not paid dues, had liens placed on home, made threats, wrote nasty letters, been forced to remove shed, repair rotting fences, not park jeep in front yard, to screen his boat, take care of yard, remove abandoned car, paint fence, mow grass, weed, has been sent an estimated 30 notices of covenant violation, has been sued by the DPHOA, paid damages, interfered with management agreements, will be sued again. and has literally cost the DPHOA substantial and ongoing administrative and legal monies in fees because he "will not" comply with the covenants. 

 

3. In addition, the DPHOA regards Davis as hostile, violent, aggressive, and a threat to directors and others who volunteer to assist the DPHOA. The DPHOA also believes that Davis has been acting attorney for the residents rendering legal advice and opinion without license, qualification, or competency, for which the residents that designated Davis as representative may will have liability for fees and cost associated with this matter. 

 

4. Based on the preceding, Davis is not qualified to objectively represent the residents to protect their interest, has not completed required qualifying form, has conflicting self serving motive behind his actions, all of which preclude any amicable resolution of this matter. Indeed, concerns for safety preclude anyone from the board ever being in the same room as Davis, much less at a mediation or arbitration hearing.

 

5. As a result, Davis should be disqualified as representative and alternative representative chosen. 

 

Wherefore, the Petitioner requests the arbitrator to disqualify Davis as homeowners' representative.

     

                               Dated this 13th day of August 2007

   

             (SIGNATURE)           

DANIEL A. NICHOLAS, ESQ.

Florida Bar No. 847755 

BROAD AND CASSEL

100 N. Tampa Street 

Suite3500

Tampa,  Florida 33602 

Phone: (813) 225-3020

Fax: (813) 225-3039

Attorneys for Petitioner 

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