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. 2007-04-6143

WILLIAM M. DAVIS, HOMEOWNER'S REPRESENTATIVE             

Respondent.

_____________________________/
 

PETITION FOR RECALL DISPUTE ARBITRATION

The Petitioner, Drayton Place Owners Association Inc, (the "DPHOA"), by and through its undersigned attorneys, without waiving all defects of service, and for its Petition for Recall Dispute Arbitration against the Respondent, William M. Davis, as Homeowners Representative, says as follows:

1.        The name, mailing address, and telephone number of Petitioner's

Representative:

Drayton Place Owners Association Inc. c/o Broad and Cassel , Attorneys At Law Attn: Dan A. Nicholas, Esq.

100 North Tampa Street

Suite 3500

Tampa , Florida 33602

 

Phone number: (813) 225-3070

 E-Mail: [email protected]

 Fax Number: (813) 204-2131

 

 

2.       The Petitioner Is represented by a Florida licensed attorney.

3.       The name and mailing address of the Respondent

William M. Davis

2207 Mantle Drive  

Jacksonville , Florida 32224

                             

4.        The Respondent is not represented by an attorney. The Respondent is not a qualified 

to representative. Motion to Disqualify is being filed in conjunction herewith. 

     

5.         The total number of voting interests (parcels) in the DPHOA is 210.

                              

6.         The total number of seats on the DPHOA's board of directors at the

time of the recall was 3 (three). The Recall was delivered (not served) on July 30, 2007. Motion to Dismiss is being in conjunction herewith.

                              

7.        Additional directors have been nominated and/or elected after July 30, 2007.

                              

8.        The ballots, all pre-completed, sought recall of Sandy Taylor and Denise Nicholas or

 confused Sandy Taylor with previous director Sandra Tagliaferri, who was no longer on the 

 board.

                             

9.        The ballots did not separate the votes for each director and provided no option but  

joint recall or retention.

          

10.    Annual Meeting is scheduled for September 2007. Under the bylaws, Article IV. 13. the

board shall have the right to nominate the directors. All DPHOA governing documents

(bylaws. declaration) are available at www.dpkchoa.com and incorporated herein by

reference. The members do not have absolute right of nomination.

   

11.      A copy of the written recall agreement or ballots is attached to this petition.

      There were 116 ballots (the Respondent represented there were only 115)

    

12.      The Board determined NOT to certify the recall at a board meeting held on 

August 6, 2007 as adjourned and continued on August 10, 2007. A draft copy of the minutes of  the board meeting Is attached.

     

13.      The Board determined '"not" to certify the recall for the reasons set

forth in the minutes, including but not limited to procedural and substantive defects contained in "each and every ballot".

      

14 .     The Respondent did not submit original ballots, voting certificates, designations, or 

      provide authentication of signatures. The Board is currently verifying signatures and 

      investigating reported election fraud and irregularities. 

      

15.      The Petitioner agrees that pursuant to section 720.311(1). Florida Statutes at the 

conclusion of the proceeding. the department shall charge the parties a fee in an    amount

adequate to cover all costs and expenses incurred by the department in conducting the

proceeding. The fees paid to the department shall become a recoverable cost in the

arbitration proceeding and the prevailing party in an arbitration proceeding shall recover its

cost and attorney's fees in an amount found reasonable by the arbitrator.  

WHEREFORE, petitioner requests that the arbitrator enters a final order affirming the determination of the Board "not" to certify the recall, awarding Petitioner all fees and cost associated herewith to be taxed against the Respondent, and any and an other relief deemed just and proper. 

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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