Sunday, July 10, 2005

Arbitrator reverses election results for Deep Creek board
Here's a news article referencing the opinion linked below:

CHARLOTTE COUNTY -- Three Deep Creek residents who lost in a community association election have insisted for months that it was stolen from them. More than two-thirds of the 950 votes cast for them were invalidated. This week, a state arbitrator agreed with them, ruling that the Section 20 Property Owners Association conducted its December election "improperly and in bad faith." Arbitrator Susan Wilkinson Harnden overturned the results and handed board seats immediately to Kim Jakubaitis, Mike Brown and Michael Della Camera. The victors hoped that the order, received Friday, would end another controversy at Section 20, a community with a reputation for wild election fights and raucous meetings monitored by off-duty sheriff's deputies. "It's time that homeowners get to take over and participate instead of the board being the dictators of the community," Jakubaitis said. "It should be the community that runs the community." But not so fast. Friday afternoon, the victors showed up at Section 20's office to get keys and give notice that they would hold their first meeting Monday. According to Jakubaitis, association manager Lee Dunn refused to acknowledge the arbitrator's order, and the situation got so tense that a sheriff's deputy was called to the scene. Dunn could not be reached Friday for comment. Karl Scheuerman, a staff attorney for the state's arbitration program, said the arbitrator's decision is final and can't be appealed...The victors are the first in the state to overturn a property owners association election since October 2004, when a state law took effect that requires election disputes in such associations to be resolved by an arbitrator, rather than going through civil court -- a more time-consuming and costly process.

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