Election Earlier This Year Was “Improper” Says State.
Law Firm Had Threatened Homeowner Who Questioned Election Through Social Media.
BY: STAFF REPORT | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2022 MetroDesk Media, LLC) — The Board of Governors for Boca Raton community “Mission Bay” Monday morning is largely out — after the Florida Department of Business and Professional Regulation ruled that the Association’s election conducted earlier this year was improper. The state reinstated the previous Board of Governors until a new election can be held.
A group of homeowners had been fighting the board for months — claiming that several Mission Bay community and election rules were violated. Among the multiple issues: The Board sent an official email to homeowners suggesting that several candidates didn’t have the skill set to sit on a Board of Governors. Additionally, one homeowner was threatened by the law firm of Shir, Zoberg and Dervishi, claiming that posts to social media questioning the election were defamatory. The claims were seemingly substantiated in the State’s ruling.
We are publishing the entire order, below. We have additionally published the “Lawyer Letter” threatening a homeowner for making claims about the election on social media. The new election has not yet been scheduled.
If you are interested in just the executive summary of the order, this is what Mahlon C. Rhaney, Jr., Chief Arbitrator for the Florida Dept. of Business and Professional Regulation, wrote in his decision:
“Accordingly it is ORDERED. The results of all of the elections discussed in this Order, including the village elections, and the March 9, 2022, annual election, are VOID, and the holders of the Association’s Board of Governors seats are those who occupied the seats immediately before the March 9, 2022, annual election, assuming they are otherwise qualified and wish to continue to serve. The Association shall conduct new elections for the Board of Governors on or before January 18, 2023, to remedy the defects in the conduct of the March 9, 2022, annual election. The elections shall be properly noticed and conducted in accordance with the Association’s governing documents, Florida law, and the direction provided by this Summary Final Order. Pursuant to this Order, as corrective action, and to mitigate the costs to the Association, these new elections will replace the 2023 annual elections with the Board Members elected serving a term of not less than 12 months. This Final Order is tailored pursuant to the authority vested in the undersigned by Rule 61B-80.121(6), Florida Administrative Code, to avoid the cost of the Association having two elections in short order. The Association can resume scheduling its annual elections in 2024, in accordance with the requirements of its governing documents.”
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