Withdrawal of petition for Arbitration

Started by AlexC3 • 1 replies • 1494 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

AlexC3 (Florida)
Posts: 11

Posted:

Board A consisting of 5 directors submitted a petition for arbitration in the recall of 2 Directors. Four Directors came to the end of their term and there is now a new BOD. One of the Directors was named in the recall petition, the other four are newly elected. Can the BOD withdraw the arbitration petition thus certifying the recall and removing the one director OR must the same people who submitted the petition for arbitration be the ones to withdraw the petition?
A

GenoS (Florida)
Posts: 4,276

Posted:

This page might help, Arbitration Rules of Procedure Governing Recall and Electiion Disputes in HOAs. Rule 61B-80.109, "Withdrawal or Dismissal of Petition; Settlement" looks relevant. Hope you've got MS Word or some other application that can open .doc files, I could only find those Florida Administrative Code rules in that formaat.

61B-80.102 says "the board of directors" is one entity who can file a petition, and I think "the board" would be able to withdraw the petition regardless of who is sitting on it at any given moment in time.

All submitted petitions have to be signed by an attorney, so perhaps you could ask him or her. (I'm not a lawyer.)

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here