state of florida - Department of Business and Professional Regulation
state of florida - Department of Business and Professional Regulation
state of florida - Department of Business and Professional Regulation
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9. The Association’s Board <strong>of</strong> Directors held a meeting on July 19, 2007, at<br />
which time it chose not to certify the recall.<br />
10. Section 2.15 <strong>of</strong> the Association’s Declaration <strong>of</strong> Covenants <strong>and</strong><br />
Restrictions, defines “Member” to mean an Owner who, or which, is a member <strong>of</strong> the<br />
Association.<br />
11. Section 2.18 <strong>of</strong> the Association’s Declaration <strong>of</strong> Covenants <strong>and</strong><br />
Restrictions, defines “Unit Owner” or “Owner <strong>of</strong> a Unit” or “Owner” to mean the record<br />
owner <strong>of</strong> a Unit.<br />
12. Section 3.1 <strong>of</strong> the Association’s Declaration <strong>of</strong> Covenants <strong>and</strong><br />
Restrictions, as amended, <strong>state</strong>s the community contains 176 units.<br />
Conclusions <strong>of</strong> Law<br />
All the homeowners voting in favor <strong>of</strong> the recall are the respondent in this matter.<br />
The undersigned has jurisdiction over this matter pursuant to section 720.311, Florida<br />
Statutes.<br />
Pursuant to section, 720.303(10), Fla. Statutes, where the Association fails to<br />
hold a meeting within five business days <strong>of</strong> receipt <strong>of</strong> written recall agreement to<br />
consider the recall, the recall is deemed certified.<br />
Respondent argues that it served the Association on July 10, 2007, when it<br />
served Tim Nolan with recall agreement. The Association contends service was not<br />
proper because at the time Mr. Nolan was no longer on the Association’s board <strong>of</strong><br />
directors or even a member <strong>of</strong> the Association. Respondent argues that service should<br />
be deemed proper because at the time <strong>of</strong> service he was still listed with the Florida’s<br />
Secretary <strong>of</strong> State as a board member.<br />
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