RECALL/ELECTION CHARADE

DRAYTON PLACE OWNERS ASSOCIATION, INC.

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

Published October 15, 2007

Under the headline "UNPROFESSIONAL PROFESSIONALS? Or just plainly incompetent?" I reported about the ongoing recall in the DRAYTON PLACE OWNERS' ASSOCIATION, INC. in Jacksonville , Florida. A Final Order of Dismissal by DBPR arbitrator Bruce Campbell finally stopped -- hopefully -- the charade that was clearly caused by board members who didn't want to acknowledge defeat and an attorney -- husband of one of these board members who might want to go back to school to learn the basics of homeowners' association law. It may sound harsh, but that's the most polite description I can come up with after reading all the documents of this case.

Even after the election meeting -- observed by Daniel Nicholas, attorney for the law firm of Broad and Cassel and husband of former board member Denise Nicholas -- the dethroned board wasn't willing to give in and mailed out a NEWSLETTER with this sentence as the absolute highlight (quote): After the directors left, the remaining attendees conducted their own election to make up a BOD which is equivalent to either you or me whimsically naming ourselves as "Governor of State of Florida.” -- still claiming that they are the officially elected board members.

The author of this newsletter obviously ignored the fact that the annual meeting is a membership meeting -- not a board meeting.  Even directors of the board each have just one vote -- if they are deeded owners -- like everybody else. 

They plainly ignored the election that took place at the annual meeting, with the result speaking for itself:

The homeowners present at the meeting congratulated the new board members Terri Green, Jesse Brown, William Davis and Ron Van.

Please read the RESPONSE of the Homeowners Voting For Recall filed to the arbitrator that explains in detail what happened at the annual meeting. 

The main sentence in the arbitrator's FINAL ORDER OF DISMISSAL (quote): "The two directors sought to be recalled in this arbitration were not reelected and are no longer directors."

This will hopefully end the recall/election charade in the Drayton Place Owners' Association and the homeowners can finally start living a peaceful life in their community.

But at what cost? 

These shenanigans are only possible because board members and their attorney are not really accountable for their actions. It surely would be different if they knew that they could be punished for their wrongdoings -- or it would cost their own money! It's always easy to waste the neighbors' money!