ARBITRATION CASES

Withdrawal of petition / Withdrawal of written agreement

Barbizon Condo. Ass’n, Inc. v. Unit Owners Voting for Recall,

Case No. 2005-04-9421 (Grubbs / Summary Final Order / November 22, 2005)

CASE SUMMARY:

Where respondent admitted that ballots were pre-marked "for the unit owners convenience," and agreed that for the good of the condominuim and because elections would be held shortly the respondent would "withdraw the recall agreement," the board's decision not to certify the agreement would be approved and affirmed. 

Once a recall agreement is served on the board, the individual ballots or signatures become, in effect, fused together as the recall agreement, which then cannot be altered by withdrawing or adding ballots to it. Therefore, the responses by individual unit owners to the petition for arbitration attempting to withdraw their individual ballots were stricken. However, the unit owner representative may "withdraw" the entire agreement, which has the same effect as if the respondent confessed error.

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