Since I was personally involved in the case we are discussing this week, I used a German proverb to motivate our actions: “Wer nicht hören will, muss fühlen.” (Translation: “If you don't want to listen, find out the hard way.)

It was a ridiculous attempt of a recall – and not even with the help of an attorney the folks trying to recall a board member got it right. In the end they succeeded because the lady being recalled was sick and tired seeing good association money being wasted by some power-hungry folks who just didn’t like to hear that they have to obey by Florida statutes (FS 720) and the community’s governing documents – OR ELSE. These folks plainly think that they can make their own rules and ignore the laws.

This recall was a typical example for them – including their attorney Russell Robbins – ignoring the existing laws – and then – to make matters even worse -- they even wanted to be awarded for their obvious mistakes.

We tried about everything possible to avoid wasting good association money for legal fees, but they obviously wanted to find out the hard way – and the whole community had to pay for it in the end.

Even the arbitrator found the idea of rewarding the party that made all the mistakes pretty ludicrous. Please read the FINAL ORDER ON CROSS-MOTIONS FOR ATTORNEY'S FEES. The most ridiculous part of the defendant’s motion for an award of legal fees was the attorney’s demand for “SANCTIONS” against the plaintiff. I rather think somebody in the community should consider filing a malpractice lawsuit against the attorney, whose clearly wrong advice to certify the “flawed” recall has cost the community members thousands of dollars. My favorite sentence in the Final Order was the statement of the arbitrator: "The Association's arguments are not well taken." I think that’s the polite way of saying: “You’re full of it!” (Sorry!)

In case you are interested in reading more about this recall arbitration, please read my take on the case on the community website: “WHY DO THE OASIS COMMUNITY MEMBERS HAVE TO PAY FOR THE RECALL?”