STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION

OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES

IN RE: PETITION FOR ARBITRATION

Sunset Villas Phase III Condominium

Association, Inc.,

Petitioners,

^v.                                                                                                  Case No. 2006-03-6578
Unit Owners Voting For Recall,

_____________________________/

^{FINAL ORDER OF DISMISSAL}

On December 14, 2006, the Association filed a status report indicating that on December 13, 2006, the Association held an election during which the seats for all the directors whose recall was sought were open for election. By order dated December 18, 2006, the undersigned directed the Respondent to show cause why this matter should not be dismissed moot due to the intervening election. On December 20, 2006, the Respondent filed its response indicating that it challenged the election claiming various irregularities including lack of notice of the election to the membership.

It is well established by arbitration case law that when an election occurs during the pendency of a recall, the recall dispute is rendered moot. In Board of Directors of Greentree Condominium Association, Inc., v. Unit Owners Signing Written Agreement, Arb. Case No. 97-2461, Order Granting Suggestion of Mootness and Dismissing Recall (February 17, 1998), the arbitrator held that the petition for recall arbitration was moot after the directors sought to be recalled were re-elected without an election pursuant to section 718.112(1)(d)3., Fla. Stat. In Greentree Condominium Association, Inc. v. Unit Owners Seeking Recall, Arb. Case No. 98-5427, Final Order Dismissing Petition for Arbitration (March 4, 1999), the arbitrator held that the recall petition was moot where an election for all positions on the board was held while the petition for arbitration was pending, even though the unit owners disputed the manner in which the intervening election was held. In Hacienda Del Sol Condominium Association, Inc. v. Unit Owners Voting for Recall, Arb. Case No. 01-3566, Final Order (September 14, 2001), the arbitrator held that an intervening election in which all board members subject to recall are re-elected makes the recall attempt moot, noting that if the owners wished to contest the validity of the intervening election, their recourse is to file a petition for arbitration, pursuant to section 718.1255(1)(b)1., Florida Statutes. In Riviera Villas Condominium Association, Inc. v. Unit Owners Voting for Recall, Arb. Case No, 2003-04-5722, Final Order Dismissing Petition for Recall Arbitration (April 22, 2003), the arbitrator dismissed the petition for recall arbitration as moot due to an intervening election despite the unit owners argument that there were irregularities in the intervening election, noting that unit owners wishing to contest the validity of the intervening election could file a petition pursuant to section 718.1255(1)(b)1., Florida Statutes.

Based upon the foregoing, it is clear that the recall dispute in the instant matter has been rendered moot and this case should be dismissed. It is also evident that the proper procedure for challenging the election requires the filing of a petition for arbitration in accordance with section 718.1255, Florida Statutes. [1]

Therefore, it is ORDERED:

Arbitration case number 2006-03-6578 is dismissed.

DONE AND ORDERED this 22nd day of December 2006, at Tallahassee, Leon County, Florida.