An Opinion By Jan Bergemann 
President, Cyber Citizens For Justice, Inc. 

Published October 9, 2007   

Everybody in the know about homeowners' associations is aware of all the cheating going on at the annual elections -- just to keep the "sitting" boards in power. 

But so far, Florida 's legislators have failed to create feasible -- and enforceable -- rules that would eliminate quite a few of the common election shenanigans. Banana Republics surely have better enforceable election rules than Florida 's homeowners' associations!

Sitting board members are absolutely not afraid to falsify election documents, add fraudulent ballots and proxies, or even use the association attorney to threaten a homeowner duly elected at the annual meeting. This letter from attorney Robert Tankel, in this case just representing the few wanna-be directors of the East Linden Estates Homeowners' Association, is not only in my opinion a clear attempt to intimidate a homeowner whose election was officially announced at the annual meeting. But even a certified letter stating the facts of the election couldn't convince the "directors" and their attorney to rethink their approach!

  

I guess after seeing the ruling of the mandatory binding arbitration Tankel might want to eat his own words? 

  

The arbitrator in his SUMMARY FINAL ORDER makes it pretty obvious who is right -- and who was totally confused. His words are very clear (quote): "This case presents an extreme example in which the losing candidate had produced the original ballots." 

 

This ruling clearly shows that the board members trying to overthrow the results of this election had no legal leg to stand on after their intimidation tactic didn't work!

David Parker, the elected director, went through with the arbitration process and was successful. 

Hopefully, our legislators see cases like this and realize that much stricter legislation is necessary to stop election fraud in our homeowners' associations. Not every owner who is being cheated out of his rightful seat on the board is willing -- and able -- to stand up for his/her rights and fight a buddy-board supported by a willing attorney using the association dues to fight their own statute violations.  Especially many of our elderly citizens can be intimidated enough to give up when threatened with costly litigation. Board members who are willing to cheat should as well pay for it! As long as they are allowed to use association funds to cheat their neighbors, we will see no end to these board members’ shenanigans!

This documentation should as well show the members of the East Linden Estates Homeowners' Association what kind of directors they elected -- and how their dues are being wasted!

If elections often don't work -- RECALLS DO!

 

With money in short supply due to the huge increase of living expenses, we owners just can't afford boards with special agendas wasting our money!

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INITIAL ARBITRATION FILING	PETITIONER CERTIFIED LETTER TO BOARD
PARKER RESPONSE TO ARBITRATOR	LETTER TO PETITIONER FROM ATTORNEY TANKEL
ORDER TO SHOW CAUSE	PETITIONER'S RESPONSE TO ATTORNEY TANKEL
RESPONDENT'S FILING
SUMMARY FINAL ORDER