QUESTION

Can we pursue a path to have our Building Director removed without accepting the community attorneys to hire an arbitrator?

Asked on Jan 17th, 2014 on Litigation - Florida
More details to this question:
I live in a 55+ community in Boca Raton, FL. We have about 9 sub-developments in here. Each development has its own president and a director for each building. There are 9 buildings in my area. Recently, the board appointed a new director for building D because the previous director didn't have her paperwork sent in on time and the woman appointed had done so in time. However, the new appointed director who is only 48, but allowed to live here because she lives with her older mother, which is not an issue. However, this new director (Suzanne) has been bullying and harassing other elderly residents in her building. At one point, the police had to be called to assist an elderly woman who was hysterical after being intimidated by Suzanne. There are 36 condo units in that building and 18 owners signed a petition to remove Suzanne from the position of building director. There would have been many more signatures but only condo owners were permitted to sign the petition and not renters. The association rules state that 10% of the building owners must sign to remove a director and we had 50% sign. Our association president had the community attorney review the petition and told the president that in his opinion, this petition should be presented for arbitration and that our building would have to pay the legal fees. In my opinion, as well as many other building residents, the president of our development is biased towards Suzanne because she voted for the president to resume his position for another year and the previous director (who we wanted to remain in) would have made the deciding vote against him staying in for another year. Can we, as condo owners in our building, pursue a path to have Suzanne removed without accepting the community attorneys (OPINION ONLY) to hire an arbitrator at our own cost? Being we submitted a 50% signed petition to have her removed, where only 10% is required, can the association president force us to pay for an arbitration?
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1 ANSWER

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Go see a real estate attorney in your area who is familiar with these condos and their rules and regulations.
Answered on Jan 20th, 2014 at 4:49 PM

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