RECALL BOARD OF DIRECTORS

 CONDO AND HOA RULES ARE NEARLY IDENTICAL!

• Arbitration Procedure  -- Authority to file petition
• Ballots Changed without Consent 
• Basic Requirement for a Successful Recall
• Board Removes One of Its Own Board Member -- Delinquent Assessments
• Claims of Forgery
• Coerced Petitions -- Disputed signatures
• Co-Op Recall -- Various Excuses NOT to Certify
• Defective written Recall Agreement
• Denial of Motion for Rehearing
• Determining Ballot was not Rescinded
• Election makes recall moot
• Election makes recall moot
• Eligible Replacement Directors
• E-mailed Recall Petitions
• Failed Recall by Meeting
• Failed Recall due to sale of unit
• Failure to Comply with Rule 61B-23.0027
• Failure to give proper notice of the meeting; recall certified if not void ab initio.
• Failure to give Reasons for Rejecting Recall
• Failure to obtain a majority of voting interests
• Failure to properly serve written agreements on the board
• Failure to specify cause in minutes
• Fatally Flawed Recall Ballots
• HOA Election -- "Found" ballots after announcement of result (East Linden)
• HOA Recall -- Moot by election (Drayton Place)
• Ineligible Replacement Candidate
• Jurisdiction
• Majority of Voting Interest
• Minutes of the Recall Board Meeting must be specific
• Missing Recall and Retain Lines
• New Election renders recall arbitration moot
• Not Certifying Recall because of upcoming election
• Not Enough Votes for Recall
• No Fees for "prevailing party" (Planter's Walk)
• No Fees for "prevailing party" (Imaginations Farms)
• Opportunity to cast Separate Vote to Retain or Recall
• Past Authorized Votes
• Parties Agreed to hold case in Abeyance
• Power of attorney -- Not invalid because not recorded
• Pre-Marked Ballots -- Not reflected in minutes
• Pre-marked Ballots Not Permissible
• Pre-marked ballots
• Proxies at Recall Meeting
• Recall Agreement not in Compliance
• Recall in Master Association
• Recall Meeting Improperly Noticed 
• Recall Petitions How many were served?
• Rejection of petition because of delinquency
• Rejection of Ballots for Lack of Voting Certificate
• Remaining board members can certify recall
• Replacement Board Members need to stand for election
• Rescinded Petition -- Not rescinded before service
• Retain lines -- Recall Form
• "Reverse Recall"
• Second Recall certified
• Second Recall effective
• Separate Recall/Retail Lines
• Separate Recall/Retail Lines 2
• Signature Sheet from Recall Meeting
• Substantial Compliance with the provisions
• Unbuild Units can't be used as Voting Interest
• Unchallenged rejection of ballots
• Unit Owner Representative Failed to File an Answer
• Unit Owners failure to respond
• Withdrawal of Petition for Recall Arbitration
• Withdrawal of Petition -- Withdrawal of written agreement

• “Withdrawal” of the Recall Ballot

ARBITRATION RULINGS