SCANNED VERSION

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STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES

    

IN RE: PETITION FOR ARBITRATION

   

Rosa Ortega, 

             Petitioner,

v.                                                                                                          Case No. 2007-06-7983

Lake Laura Condominium 

Association, Inc.

            Respondent.

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ORDER TO SHOW CAUSE

WHY CASE SHOULD NOT BE DISMISSED

           On December 13, 2007, Rosa Ortega filed a Petition for Arbitration challenging the action of the Association certifying a recall as to her position on the board of directors. The Petition also alleged the Association's next annual election is scheduled for February 2008. The Petition does not have attached a copy of the governing documents and does not whether the term of office for the seat held by Petitioner would have expired at the time of the new election.

           The vote at an annual meeting supersedes any attempted recall, whether or not the directors sought to be recalled are re-elected. Cf., Pebble Springs Condominium Association, Inc. v. Taylor, Arb. Case No. 95-0335 (Order Dismissing Petition as Moot, Grubbs, January 29, 1996). If such an election is to be held in February 2008, including the seat from which Petitioner was recalled, further litigation of this case would be pointless.

          Accordingly, Petitioner is directed to show cause within 10 days to the undersigned why this case should not be dismissed based on the scheduled annual election.

Copy furnished to: 

  

Rosa Ortega

13881 SW 84th Street 

Miami, FL 33183