Sunday, July 10, 2005

Homeowners' Association -- Summary Final Ruling --Section 20 Property Owners' Association, Inc.
This was sent to me by Jan Bergemann of Cyber Citizens for Justice. The term "Division" refers to the Division of Land Sales, Condominiums, and Mobile Homes, which is part of the Florida Department of Business and Professional Regulation. This looks like a ruling that could not only correct this election result, but provide other HOA owners some recourse for election irregularities:

COMES NOW, the undersigned arbitrator, and issues this Summary Final Order as follows:

Pursuant to Chapter 720, Florida Statutes, the Division has jurisdiction over election disputes between homeowners' associations and its members. Section 720.311(1), Florida Statutes, requires the Division to conduct mandatory arbitration of election disputes between a member and an association pursuant to section 718.1255, Florida Statutes, and the rules promulgated by the Division.
....
It is hereby ORDERED:

1. Effective immediately upon issuance of this order, the winners of the 2004 annual election of the board of directors of Section 20 Property Owners' Association are declared to be Mike Brown, Kirn Jakubaitis, and Michael Delia Camera.

2. Edward Halle, David Mooney, Robert Evans, and or any individuals serving in lieu of these candidates, shall step down as directors of the board, immediately. Any official documents of the association in possession of these individuals shall be turned over to the board within 5 business days of this Order.

[and it goes on from there}

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