state of florida - Department of Business and Professional Regulation

2. The Association contains 176 voting interests. The Association’s board of
directors is composed of five seats.
3. On July 10, 2007, Tim Nolan was served with a written recall agreement.
4. The written recall agreement sought the recall of the following persons
with the indicated number of votes in favor of recall:
a. Lacy Allison (93)
b. Serina Cappucci (93)
c. Tim Nolan (93)
d. Genieve Williams (92)
5. The written recall agreement consisted of recall ballots similar to the
Division’s form ballot. The recall portion of the ballot lists the above persons in the
above order and provides check boxes by which the voter could indicate to recall or
retain the person. However, the check boxes were misaligned with the names. There
are no check boxes on the same line as Lacy Allison. However, there are check boxes
in alignment with Serina Cappucci, Tim Nolan and Genieve Williams. The final line of
check boxes is on the line below Genieve Williams’’ name.
6. The ballots listed five replacement candidates and provided a space for a
write in candidate.
7. As to Tim Nolan and Genieve Williams, the ballots stated, “Listed on
document; but not current board members, nor in attendance at meetings.”
8. At the time Tim Nolan was served with the written recall agreement, he
was no longer a member of the Association has he had sold his home and moved away.
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