PETITION FOR RECALL ARBITRATION

DBPR Form HOA 6000-4. Note that this form is to be used when filing for mandatory binding arbitration of recall disputes in a homeowners association governed by Chapter 720, Florida Statutes. It may be filed by either the homeowners association or by homeowners voting to recall the board.

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES

IN RE: PETITION FOR RECALL ARBITRATION

_____________________________,

Petitioner(s) (name of association

or homeowner filing petition),

v. Case No.

(To be assigned by Division)

____________________________,

Respondent(s) (association or

owner voting for recall).

MANDATORY BINDING ARBITRATION FORM PETITION-RECALL DISPUTE

The original of this recall arbitration petition form shall be accompanied by a $200.00 filing fee

and shall be mailed or sent via facsimile to:

Department of Business and

Professional Regulation

Attn: Arbitration Section

1940 North Monroe Street

Tallahassee, FL 32399-1029

Fax: 850-487-0870

The petitioner shall attach to this petition, for use by the arbitrator, a complete copy of

the bylaws of the homeowners association, its articles of incorporation, declaration of covenants and

restrictions, and rules, including any amendments to each, as well as any other documents that are

pertinent to the petition including a copy of all recall ballots served on the association, along with a

copy of the petition for the respondent.

1. Name, mailing address, and telephone number of party filing petition (if the party filing

the petition is an association, provide both the street address and mailing address, if different,

for the association.):

2. Name, mailing address, telephone number fax number, and e-mail address of

petitioner's representative (attorney or qualified representative), if any:

3. If the petitioner is an association or other corporation, the petitioner must be

represented by a Florida attorney or by a qualified representative. If petitioner's representative is not

an attorney, attach DBPR Form HOA 6000-6, QUALIFIED REPRESENTATIVE APPLICATION,

as required by Rule 61B-80.101(3), Florida Administrative Code.

4. The name and mailing address of each respondent (if respondent is an association, give the name

and address of the president, secretary, or the registered agent of the association):

5. If the respondent is represented by an attorney or qualified representative, provide the name,

mailing address and telephone number of that person.

6. The total number of voting interests in the association is ___________.

7. The total number of seats on the association’s board of directors at the time the recall ballots

or agreement were served on the board is _______.

8. The names of the board directors against whom the written recall agreement was directed

and the total number of votes cast to recall each board member are:

a. b.

c. d.

e. f.

9. The date(s) of the next regularly scheduled election for the seat(s) of the board director(s)

being recalled is/are ______________________.

10. If the attempted recall was by written agreement or written ballot, state when the written

recall agreement was received by the board: ________________ (date) at ________ a.m./p.m.

A copy of the written recall agreement or ballots must be attached to this petition.

11. If the recall was by vote at a homeowners’ meeting, give the date and time of the meeting,

and attach minutes of the meeting, if available.

12. The board determined not to certify the recall at a board meeting held on _____________

(date)

The meeting was called to order at ____________________a.m./p.m., and

adjourned at _______ a.m./p.m. A copy of the minutes of the board meeting is attached.

13. As reflected in the minutes of the board meeting, or in any resolution adopted by the board

at the meeting, the board determined to not certify the recall because: (list each specific vote

rejected by the board and each specific basis upon which the board at the board meeting

based its determination to reject the vote and not certify the recall).

__________________________________________________________________________

A copy of each supporting document, such as voting certificates or signature samples that were

considered by the board in rejecting individual written agreements must be attached.

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

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

WHEREFORE, petitioner requests that the arbitrator enters a final order containing the following relief:

____________________________________________________________________________

DATED this _________ day of __________________ 200_____.

Submitted by:

______________________________

(Signed)

Certificate of Service

I hereby certify that a true and correct copy of the foregoing petition has been sent by U.S.

Mail on this day of , 200_ to the following persons : ____________

______________________________________________________________

__________________________________________________________________________

_______________.

Name of Respondent

Mailing Address of Respondent

______________________________

Petitioner (Signed)