An article authored by the firm’s Nicole R. Kurtz was featured as the guest commentary column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper. Her article, which is titled “Association Election ‘Shenanigans’ Lead to Contentious, Costly Litigation,” focuses on the takeaways for Florida community associations from the case involving the strange and suspicious circumstances surrounding an Orlando-area HOA’s last annual election. It reads:
A case in which a trial court concluded may have involved some association election “shenanigans” is going back to the trial court for further proceedings after the Fifth District Court of Appeal reversed the lower court’s order mandating binding arbitration.
“What should have been a rather routine meeting of the Association was cloaked with mystery, intrigue, and confusion,” begins the Fifth DCA’s unanimous opinion in the case of Winter Green at Winter Park HOA v. Richard Ware et al. Indeed, mystery, intrigue and confusion seem to be very apropos for describing the set of circumstances that unfolded during the Orlando suburb’s annual meeting and election.
It all began when somehow two nearly identical notices were sent out to announce the upcoming annual meeting and election to the homeowners. Both notices included the necessary agenda and accompanying documents, however the notice prepared by the association’s property manager set the annual meeting date for November 15, 2017, while the other notice announced the annual meeting was to be held on November 12, 2017.
Fifty-five members of the association attended the Nov. 12 meeting, which was sufficient to establish a quorum, but the owners were surprised to find that neither the property manager nor any of the current board members were present. An owner was even dispatched to the property manager’s office to seek clarification on the manager and directors’ absence, but he found no one there.