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DBPR ARBITRATORS ALLOW RIGGED RECALLS TO SUCCEED |
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An
Opinion By Jan Bergemann Published January 14, 2008
Rulings
made by arbitrators of the DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES
can only make you wonder if they are trying
on purpose to destroy the legislative intent of our
And the folks willing to abuse our already shaky system have quickly found out that some of these arbitrators want to make it easy on themselves and are clearly abusing the system to their advantage.
We have seen the recall coup d’état in the PLAYA DEL MAR CASE, where arbitrator James Earl allowed a recall to succeed that was obviously conducted in bad faith. Reading Earl's ORDER FOLLOWING EMERGENCY HEARING makes you wonder if this arbitrator used any common sense. His ruling was an open invitation to abuse the system!
The
recall of board member Rosa Ortega by community association managers in
the LAKE
LAURA CONDOMINIUM ASSOCIATION, INC.
in Miami was about as ridiculous as it gets. But instead of smelling foul
play, arbitrator Bruce Campbell took 13 (thirteen) days to issue
an ORDER
TO SHOW CAUSE
I guess we'll never find out what this "letter" was all about, because the petitioner was sick and tired of the unresponsive behavior of the DIVISION employees and stopped payment on the check for the arbitration filing. Why should you pay somebody who is unwilling to do the work you've already paid him to do?
These kinds of cases happen all the time, caused by DIVISION employees unwilling to enforce the rules and statutes.
As
a petitioner stated in his MOTION FOR RECONSIDERATION AND CLARIFICATION (quote): WE MEAN IT: LET'S SUE THE DIVISION BOARD DIRECTOR RECALLED BY COMMUNITY ASSOCIATION MANAGERS DBPR ARBITRATOR JAMES EARL -- PROCRASTINATOR PAR EXCELLENCE! |