RECALL ARBITRATION: DRAYTON PLACE OWNERS ASSOCIATION, INC,

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. 2007-04-6143

Homeowners Voting For Recall,

Respondent.

_____________________________/

ORDER ON PENDING MOTIONS

AND REQUIRING SUPPLEMENTAL FILING

After consideration of Respondent's response to the Order to Show Cause dated September 6, 2007, and comparison with the pleadings and motions herein, it is ORDERED:

1. Petitioner's Motion to Dismiss for improper service of the recall ballots on the Association is Denied. Rule 618-81.003(1 )(g), Florida Rules of Administrative Procedure provides that service on an association manager or director will be deemed effective service on the association. The minutes establish that both methods were utilized herein.

2. Petitioner's Motion to Conduct Discovery is Denied. Rule 618-80.115(1), F.A.C., provides that discovery shall be used sparingly in recall arbitration and only for those things that are necessary for the proper disposition of the petition. General allegations that fraudulent information and methods were used to obtain signatures on recall ballots will not defeat a recall. Board of Directors of Boca Cove Home Condominium Association, Inc. v. Martin, et al., Arb. Case No. 93-0261, Final Order (Nov. 30, 1993).

3. Petitioner's Motion to Disqualify the homeowners representative is Denied.

4. Petitioner shall file photocopies of minutes of all meetings of the members of the Association at which elections of directors were held in calendar years 2007, 2006, 2005, within 10 days of the date of this Order.

5. For each of the 28 parcels identified as "suspended" on the table filed with the Petition, Petitioner shall file photocopies of all correspondence or meeting minutes, documenting board action to suspend such parcels, within 10 days of the date of this Order.

6. Petitioners Motion for Default is Denied.

7. Petitioner's Motion for Attorney's Fees and Costs is Denied. The case law with respect to homeowners association recalls has established that the association will not be awarded attorney's fees in such cases, because no person or legal entity is before the arbitrator that could be ordered to pay the fees. Planters Walk Homeowners' Association, Inc. v. Homeowners Voting For Recall, Arb. No. Case 2005-05-3848, Final Order on Attorney's Fees and Costs (February 20, 2006).

DONE AND ORDERED this 12th day of September, 2007, at Tallahassee , Leon County, Florida .

Bruce A. Campbell, Arbitrator

Dept. of Bus. And Prof. Reg. Arbitration Section

1940 North Monroe Street

Tallahassee , Florida 32399-1029

Copies furnished to:

Daniel Nicholas, Esq.

Broad and Cassel

100 North Tampa Street Suite 3500

Tampa , FL 33602

William M. Davis

12207 Mantle Drive

Jacksonville , FL 32224