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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. 1.
The name, mailing address,
and telephone number of
Petitioner's Representative:
Drayton
Place Owners
Association Inc. c/o
Broad and 100 North Tampa Street
Phone
number: (813) 225-3070 E-Mail: [email protected] Fax Number: (813) 204-2131
2.
The Petitioner Is
represented by a 3.
The name and mailing address
of the Respondent William
M. Davis
4.
The Respondent is not represented by an attorney. The 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
8.
The ballots, all pre-completed, sought recall of Sandy Taylor and 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 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 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).
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 Phone: (813) 225-3020 Fax: (813) 225-3039 Attorneys for Petitioner |