Happy Independence Day! Many of you may have heard buzz throughout the community regarding a challenge to the election of our 2024 Board of Directors, and more recent buzz about the resignation and replacement of one of our Directors. This POA News note is being sent to provide clarity about these events.
1) PRPOA Board Election 2024
The Association takes threats of legal action or allegations of wrongdoing of any kind seriously, particularly regarding the results of an election.
On April 10, 2024, the Association received an email from an owner requesting a recount, and alleging discrepancies in statistics released to the community earlier. The email was answered on April 18 clarifying the statistics in question and stating what reports can be made available.
On April 29 and May 1, 2024, the Association received an email, fax and a certified letter threatening to challenge the April 9, 2024, board election results. This “Election Dispute Pre-Arbitration Notice” alleged eight concerns or violations of procedures and processes, stated several “Demand(s) to cure to avoid Arbitration and future legal ramifications,” and further stated that “Failure to comply with the above will result in an arbitration petition being filed in accordance with Florida Statutes.”
Please also understand that when a member requests Association records, the Association must provide the records within 10 business days or risk significant fines. Additionally, the Association is under no obligation to create records, tallies, reports, etc. that do not already exist.
Legal counsel was engaged to answer the allegations, stating the need for more details about exactly what was allegedly done wrong, citing case law, and offering a records inspection.
At the records inspection, the owner brought another property owner, and they were given access to all paper proxy/ballots, Voter Certificates, logs of ballot drop-offs, and a thumb drive loaded with election data from the HOAst system. Legal counsel attended the records inspection to clarify what information the Association was and was not required to provide, and to ensure Association records were handled correctly. In particular, the POA thought it prudent to determine the appropriateness of several record inspection demands including the demand to release the 2024 voting record of each property. Through this process we learned that unless specifically prohibited by the bylaws, properties’ voting records, and voter certificates are subject to records inspection.
On May 24, 2024, the owner sent a second “Election Dispute Pre-Arbitration Notice” listing seven grounds to challenge the election. This second notice also included items in a “Demand(s) to cure to avoid Arbitration and future legal ramifications” to remove votes from 45 properties, for electronic reports that the Association does not have the ability to produce, and a manually developed report/tally, or for the POA to have (and pay for) a licensed third party to conduct an audit of the election.
Again, because this Association takes such threats and demands seriously, legal counsel was engaged to carefully answer the allegations and demands with case law as appropriate. Protecting the Association from legal battles and ensuring members’ rights are protected allows the Board to continue its duties to the Association.
On Saturday June 29, 2024, the owner sent a letter stating he would “not be moving forward with arbitration on the election at the state level.” Thus, the results of the 2024 election stand and this matter is settled.
2) Director resignation/vacancy, and replacement
On Friday, June 28, 2024 after business hours, Director Pete Cuccaro sent a letter of resignation to the entire board, the Community Manager, and other Pine Ridge members.
In accordance with the 2020 Amendment to our Bylaws, the Election Committee Chair notified the 1st runner up in the last election, Mr. John Hyde, of the vacancy, offered the position and, he has accepted. The Board looks forward to welcoming John onboard and thanks Pete for his short service. Per the 2020 Bylaws Amendment, Mr. Hyde will be seated at the next scheduled Board meeting. Our Bylaws and all subsequent amendments can be found on https://pineridgeassn.com/documents-and-forms.
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