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In an Arbitration case for a condo association, The Arbitrator's Final Order instructions were not followed. The recall of the existing BOD was certified, subject to the representative for the replacement BOD reducing the six new BOD members to five, to replace the five being recalled. That representative notified The Arbitrator of one person being withdrawn, but on the same day, registered with Sunbiz.org six directors, one of whom was not on the recall ballot or ever voted for. Two days later this representative issued a Community newsletter also showing the six directors.My interpretation is that this was a deliberate deception, and the instructions on the Final Order were not followed. The Order stated that if the instructions were not followed by the date stated, then the existing BOD would remain for the existing term. What is the procedure to take an Arbitrator's Final Order to circuit court for enforcement ? Please advise on both counts.Than you
Optional Information: Country relating to Question: United States State (if USA): Florida Already Tried: I expected The Final Order to be FINAL, but the Association's attorney has not so far told the recall representative to abandon her efforts, and I am still waiting for that attorney to respond to my communications, confirming tha the recall failed through non compliance with The Final Order
Was it a binding arbitration?
Osceola County.
I need to know if it was a binding arbitration.
The Arbitration Petition is headed "RECALL ARBITRATION PETITION" and does not seem to state binding or non binding. Where can I find this info? Would you want any pdf documentation emailed to you?
If you can upload it then it would probably be helpful because the outcome depends on whether it is binding arbitration or not. There is some way to upload or attach it from your side, but my screens look different so I am not sure how it works.
I need to know where on my profile I can upload to.
I'll contact a moderator and let them know you need help. It may take a little while so please be patient.
,The Arbitration Petition is headed "RECALL ARBITRATION PETITION" and does not seem to state binding or non binding. Where can I find this info? Would you want any pdf documentation emailed to you?This portion of the FL Statute, to me, indicates The Order IS binding.FL Statute: 61B-45.043 Final Orders; Appeals; Stays.(4) The decision shall be final and binding upon the parties, unless judicial proceedings are initiated pursuant to Section(NNN) NNN-NNNNor(NNN) NNN-NNNN F.S
Where did you get the FL statute language? Is it contained in the arbitration agreement?
No, it is copied directly from The Statute, which is found onilne
That is a very specific statute applying to every specific situations, not to every arbitration. In addition, it specifically applies to non-binding arbitrations. However, these can be modified by the specific language of the arbitration agreement.However, assuming that the arbitration is conducted pursuant to this code (ck http://www.lawserver.com/law/state/florida/regulations/florida_regulations_61b-45-001 to be sure) and that there is nothing in the arbitration agreement that removes it from the purview of this statute and IF all the notice provisions were met then if no one timely appealed it through the courts then you would now file a Motion to Enforce Arbitration Ruling in the court system. The court would enter the arbitration ruling as an order of the court and it would be enforceable through contempt.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Experience: Began practicing law in 1992
Attachment: 2012-07-16_161218_skmbt_36312061209440.pdf
I think that was the intent of the order but I don't think that is what it specifically says. The intent of the order was clearly that 5, and only 5, new members were to be elected and that the 6th member of the board (who was not a subject of the recall) was to remain in place.I think that the argument can now be made that the registration was not proper and therefore the recall was abandoned, but you are going to have to go back to the arbitrator to get clarification.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Thank you for your immediate response!
You would first need to ask the arbitrator to clarify the order and then when that happens you would go to the judge for enforcement.There is no way to enforce the order outside of a judge. You would have to have an attorney since you can't represent other people or entity in a legal representation capacity unless you are a lawyer.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
I should have explained better. You aren't asking the arbitrator for legal advice, you need to file a formal Request for Clarification of Order. 1. Do you agree that until the recall matter is dealt with by a judge, that the Board subject to the attempted recall is still in office, since we have had no reason to "hand over", given the fact that the Respondent did not comply with The Order?It looks to me like that is correct, particularly if you are taking the position that the failure on the part of the other side is equivalent to their abandoning the recall effort.2. Two Board members have become tired of the "fight" and resigned. The Community Docs state the Board must have at least three directors. Are we at liberty to appoint new BOD members to bring it to five again?I would think so, although it is going to gum up the works a little unless you appoint two from the ones that were "elected" in the latest round of elections pursuant to the order.3. If another director resigns, leaving only two, please give guidance as to what is next to be done.I can't answer this one since it really calls for legal advice and is very fact driven. It depends on whether you have a quorum, etc. My guess is that you would not have a quorum with just two people so you couldn't do anything.4. Your response says that we must have an attorney represent us in the "enforcement", therefore would it definitely be a court hearing before a judge to determine the correct interpretation of The Summary Final Order?No, if the arbitrator will hear the motion to clarify that I discussed earlier then what you will have to do is file a Motion to Enter Arbitrator's Order. If the arbitrator won't clarify then you have to file a Motion to Interpret, Enter, and Enforce.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Thanks, your input is very helpful. Of course as your info comes in, it drives me to ask more question.
Unfortunately, we can't provide forms and I don't know of any of these online because they are so rarely used. The lawyer is probably going to have to draft them from scratch.As to #4 you would need to fax it to her and have her sign the fax and then send the original back to you by mail. You can use a faxed signature until then but you really can't just use an email consent.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Thanks.
I always liked to be on the offense, but some people prefer to defend. I don't know that it actually makes any difference.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
On another matter:
I need to research this and it will be a little while, because the site I use appears to be down. When do you need this?
In the next seven hours will be OK
I have got a search for you to look at and go through the cases. I didn't see one that directly addressed the issue. However, the plain wording of the statute makes it clear that attorney's fees may be sought from "from the person in control of the records who, directly or indirectly, knowingly denied access to the records." This is different wording than the rest of the paragraph so based on that the Association would be responsible for the $50 a day but the person would be responsible for any attorney's fees if it becomes necessary to file suit, which answers your other question in that filing suit is the correct remedy if the records are not provided.The case law is at http://scholar.google.com/scholar?hl=en&q=%22718.111+%2812%29%22&btnG=Search&as_sdt=4%2C10&as_ylo=&as_vis=0If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Thanks for the rapid response!
Apparently you just have to request it and if they don't pay it then you sue. That is the most reasonable scenario from reading the statute.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Please don't forget to give a Positive Rating again. Technically this should have been entered as a separate question and the website will fuss at me if it doesn't show a rating.Of course, if you have any additional follow ups you are always welcome to ask.
The rating area suggests that there will be an additional charge if I submit a positive rating, but I understood that the payment I made originally gave me unlimited services.
This isn't showing as an unlimited subscription. Let me notify the moderators so they can help you. If you click the rating as it is there would be another charge, you are correct.