ARBITRATION RULINGS
RECALL BOARD OF DIRECTORS
Arbitration Procedure -- Authority to file petition
Ballots Changed without Consent
Basic Requirement for a Successful Recall
Board Removes One of Its Own Board Member -- Delinquent Assessments
Claims of Forgery
Coerced Petitions -- Disputed signatures
Co-Op Recall -- Various Excuses NOT to Certify
Defective written Recall Agreement
Denial of Motion for Rehearing
Determining Ballot was not Rescinded
Election makes recall moot
Election makes recall moot
Eligible Replacement Directors
E-mailed Recall Petitions
Failed Recall by Meeting
Failed Recall due to sale of unit
Failure to Comply with Rule 61B-23.0027
Failure to give proper notice of the meeting; recall certified if not void ab initio.
Failure to give Reasons for Rejecting Recall
Failure to obtain a majority of voting interests
Failure to properly serve written agreements on the board
Failure to specify cause in minutes
Fatally Flawed Recall Ballots
HOA Election -- "Found" ballots after announcement of result (East Linden)
HOA Recall -- Moot by election (Drayton Place)
Ineligible Replacement Candidate
Jurisdiction
Majority of Voting Interest
Minutes of the Recall Board Meeting must be specific
Missing Recall and Retain Lines
New Election renders recall arbitration moot
Not Certifying Recall because of upcoming election
Not Enough Votes for Recall
No Fees for "prevailing party" (Planter's Walk)
No Fees for "prevailing party" (Imaginations Farms)
Opportunity to cast Separate Vote to Retain or Recall
Past Authorized Votes
Parties Agreed to hold case in Abeyance
Power of attorney -- Not invalid because not recorded
Pre-Marked Ballots -- Not reflected in minutes
Pre-marked Ballots Not Permissible
Pre-marked ballots
Proxies at Recall Meeting
Recall Agreement not in Compliance
Recall in Master Association
Recall Meeting Improperly Noticed
Recall Petitions How many were served?
Rejection of petition because of delinquency
Rejection of Ballots for Lack of Voting Certificate
Remaining board members can certify recall
Replacement Board Members need to stand for election
Rescinded Petition (Not rescinded before service)
Retain lines
-- Recall Form
"Reverse Recall"
Second Recall certified
Second Recall effective
Separate Recall/Retail Lines
Separate Recall/Retail Lines 2
Signature Sheet from Recall Meeting
Substantial Compliance with the provisions
Unbuild Units can't be used as Voting Interest
Unchallenged rejection of ballots
Unit Owner Representative Failed to File an Answer
Unit Owners failure to respond
Withdrawal of Petition for Recall Arbitration
Withdrawal of Petition -- Withdrawal of written agreement
“Withdrawal” of the Recall Ballot
ARBITRATION RULINGS
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