| CONDOMINIUM
ASSOCIATION EDUCATION |
|
ARBITRATION CASES |
|
WPB Berkshire Condo. Ass’n, Inc. v. Unit Owners Voting for Recall Case No. 2005-04-7905 (Grubbs/Summary Final Order on Petition for Recall Arbitration / October 11, 2005) Athough the petitioner alleged, in the course of a conference call, that at least one ballot should be rejected as "pre-marked," any ballots allegedly pre-marked would have had to be identified in the minutes to be considered as a basis for rejection by the arbitrator, unless the pre-marking is apparent from the face of the ballot. Where only one person is being recalled, the "pre-marking" of the ballots does not invalidate the ballot, just as the failure to include recall/retain lines on a ballot when only one person is being recalled will not invalidate the ballot. |