The election debacle of 2009

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The following is from 2009-2010 timeframe when the board of that time refused relinquish power after losing the HOA board election due to their own paperwork mistake.

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If you believe the individuals that continue to claim to be your HOA board, you would think things are just peachy in Tiffany Woods.

Here is the reality

We currently have no board according to the Florida state arbitrator who just ruled we must endure another HOA board election on January 19th.

Arbitrator: Summary Final Order

To refresh your memory, the old board was comprised of the following people:

        Gary Underwood

        Judy Starks

        Cathy Starns

        Bob Penn

        Linda Lockey

        Kathie Holland

        Pam Fields

Vote for anyone BUT these former board members on January 19th…

Nominate yourself or someone else…anything to get these people off the board once and for all!

During their tenure, these individuals hired a new management company (Pinnacle Property Management-PPM). PPM was given their full support to oversee the March 17th election of new board members for 2009-2010.

This was their election and their rules.

We now know, 2 of those board members voted for too many people on their ballot. During the count, someone from PPM realized the mistake and improperly kicked them back for revision. Of course, this was likely after it was realized their disqualification would ultimately change the outcome of the election…thus voting off the very board members that hired PPM!

No winner of the election would be announced that night. However, everyone present was assured the neighborhood would be promptly informed of the results after the lawyer had time to resolve the discrepancies in the voting process.

Three weeks later and against all odds, the lawyer they hired gave an opinion that the 2 ballots in question were indeed invalid and therefore the winners of the election were as follows:

Linda Lockey: 26 votes

Janel Dixon: 27 votes

Greg Holt: 26 votes

Josue Nieves: 26 votes

Doug Welson: 26 votes

Steve Dobbins: 26 votes

Mike Mazur: 25 votes

See the entire legal opinion from the attorney they hired by clicking here!

This was their management company, their lawyers opinion, and their mistake. Yet, while they claimed to accept responsibility for this election debacle, they refused to accept the legal opinion of the lawyer they hired to resolve the election issue. They instead made it impossible for the newly elected board members to take control of the association. PPM was no help either. However, one might understand PPM's reluctance to rule against those responsible for hiring them in the first place.

After weeks of stonewalling, the old board eventually filed for arbitration with the state of Florida. Their case was dismissed as defective simply because they claimed to be the board and you cannot sue to be on a board you already claim to be on. The dismissal was then presented to the neighborhood in a newsletter claiming how the state arbitrator had somehow recognized them as the board. This was an absolutely false statement. (See the Final order of dismissal) However, based on this outrageous claim, PPM released control of our association records to them anyway.

The old board had screwed up the arbitration filing and basically hi jacked our association records. With no solution to this mess in sight, members of the newly elected board sought legal advice at their own expense. Several legal options were available. However, the cheapest and most expedient was to properly file the arbitration and hope for the best.

The arbitrator has just ruled and our neighborhood must now endure yet another board election to resolve this issue once and for all.

The old board could have spared this neighborhood a tremendous amount of time and money by simply conceding the election and working with the newly elected board members. Instead, they have dragged this process out as long as possible and spent over $4000 of our association funds on what many would consider unnecessary legal fees. They continue to deny these claims, however, this itemized list of HOA checks and invoices tell a different story….and this is just what we are aware of. The late payment of bills, the lack of a 2-person check signing requirement, and the fact the association was charged a reconnect fee after not paying the electric bill, are just a few of the many other things that have come to light only after an investigation of the HOA records.

So when you innocently hand over your voting proxy to one of these friendly so called board members. Just know it is you who will pay for their mistakes….and they have made many!

Better yet, get involved by nominating yourself and running for the board.

Otherwise, make sure you sign your proxy (voting rights) over to someone who will vote for anyone other than these former board members! 

Watch the videos below and see what the attorney and property management company hired by the 2008-2009 board of directors said about the 2009 election results: