ARBITRATION CASES

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

Case No. 2005-04-1875 (Mnookin / Summary Final Order / September 19, 2005)

Failure to obtain a majority of voting interests / Failure to properly calculate a majority of voting interests

CASE SUMMARY:

Where the association rejects a recall effort based, in part, on the recall failing to obtain the required number of votes to remove a board member, the board's decision to reject the recall effort was affirmed based on the unit owner representative failing to file an answer disputing the facts presented in the petition and based on the arbitrator's confirmation of the recall votes as failing to obtain a sufficient number of votes to recall a board member.

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