Shaddock Estates Homeowner’s Association

Board Recall Meeting - August 28, 2006

Auburndale Fire House

Auburndale, FL 33823

The meeting was called to order at 7:06 P.M. In attendance were Brian Starr, Scott Munroe, Ty Baden and Mike Wasnorowicz. Also present were: Jose & Darlene Arroyo, Jack Simms, Eric Sigismondi, Brian Robino, Kim Beasley, Jeffrey Gervase, Bob Reynolds, Juan Adames, Roman & Susan Whitney, Patrick & Melissa Venezia, Michele Adamson, Kevin & Rose Gervase and William Horne.

It was noted that this meeting was called per Chapter 720.303 of the Florida State Statutes as a result of the board of directors having been served with a petition to recall the current four board members. It was further noted that this meeting was within the 5 business days that are mandated by law. It was noted that the petition was going to be rejected by the board for the following reasons:

1. The petitioners used the wrong Florida Statute. They used 718 which governs condominiums. The petition is therefore invalid.
2. According to chapter 720.303, each director to be recalled is to be on a separate ballot. Since all four board members were recalled on one ballot, the petition is invalid.
3. The petition lists a replacement board member who was already on the board and recently removed. Per Chapter 617.0808 a removed board member is not eligible for appointment to the board until the next annual members meeting.
4. Every signature except for one was disassociated from the ballot leaving 27 unsigned ballots. Therefore there is no majority vote and the petition is invalid.
5. If the signatures were allowed to stand in the format presented, there still would not be a majority vote for the following reasons:

1. Two of the signatures are from members who no longer live in Shaddock Estates and therefore not eligible to vote.
2. One signature was on a ballot from last years aborted recall petition and therefore not valid.
3. At least 9 homeowners have signed affidavits stating that they did not sign the petition and did not vote in the manner ascribed in the petition. Their signatures were used without their consent or knowledge.
4. Three of the votes are past due on their dues and according the the bylaws Article VII Section 1 paragraph (b) they are not allowed to vote and therefore their votes are invalid.

It was noted that each ballot had the same four directors listed and therefore each vote was a vote to recall all four directors. The votes were then read one at a time.

102 Evergreen Drive – No signature on the ballot – the vote is disqualified.

104 Evergreen Drive – No signature on the ballot – the vote is disqualified.

115 Evergreen Drive – No signature on the ballot – the vote is disqualified.

108 Evergreen Drive – No signature on the ballot – the vote is disqualified.

117 Evergreen Drive - No signature on the ballot – the vote is disqualified.

120 Evergreen Drive – No signature on the ballot – the vote is disqualified.

128 Evergreen Drive – No signature on the ballot – the vote is disqualified.

129 Evergreen Drive - No signature on the ballot – the vote is disqualified.

130 Evergreen Drive - No signature on the ballot – the vote is disqualified.

There is a disclaimer stating not the owner’s signature.

131 Evergreen Drive - No signature on the ballot – the vote is disqualified.

There is a disclaimer stating not the owner’s signature.

132 Evergreen Drive - No signature on the ballot – the vote is disqualified.

133 Evergreen Drive - No signature on the ballot – the vote is disqualified.

135 Evergreen Drive - No signature on the ballot – the vote is disqualified.

There is a disclaimer stating not the owner’s signature.

101 Shaddock Drive - No signature on the ballot – the vote is disqualified.

103 Shaddock Drive - No signature on the ballot – the vote is disqualified.

Member past due on dues – not allowed to vote.

104 Shaddock Drive - No signature on the ballot – the vote is disqualified.

There is a disclaimer stating not the owner’s signature.

Member past due on dues – not allowed to vote.

106 Shaddock Drive - No signature on the ballot – the vote is disqualified.

There is a disclaimer stating not the owner’s signature.

107 Shaddock Drive - No signature on the ballot – the vote is disqualified.

There is a disclaimer stating not the owner’s signature.

109 Shaddock Drive - No signature on the ballot – the vote is disqualified.

There is a disclaimer stating not the owner’s signature.

110 Shaddock Drive - No signature on the ballot – the vote is disqualified.

The present homeowner is not the homeowner listed on the ballot.

111 Shaddock Drive - No signature on the ballot – the vote is disqualified.

114 Shaddock Drive - No signature on the ballot – the vote is disqualified.

116 Shaddock Drive - No signature on the ballot – the vote is disqualified.

118 Shaddock Drive - No signature on the ballot – the vote is disqualified.

119 Shaddock Drive - No signature on the ballot – the vote is disqualified.

123 Shaddock Drive - No signature on the ballot – the vote is disqualified.

121 Shaddock Drive + 134 Evergreen Drive listed on the same ballot by the same owner. The last name is Maswadi. The first name cannot be read. Regardless, no Maswadi owns 121 Shaddock Drive – the vote is disqualified. There are two Maswadi’s in the community. Since neither of them has paid their dues, neither can vote. The vote from 134 Evergreen is disqualified.

112 Shaddock Drive - No signature on the ballot – the vote is disqualified.

According to the above there are 28 total votes and 28 disqualified votes.

Brian Starr made a motion to reject the recall petition based on the fact that there was not a majority vote. Scott Munroe seconded the motion. Brian Starr, Ty Baden and Scott Munroe voted yes. The motion was carried and the petition was rejected.

It was noted that at present there was only one board for Shaddock Estates recognized under Florida State Law. That board is comprised of Mike Wasnorowicz, president, Brian Starr, vice president, Scott Munroe, treasurer and Ty Baden, secretary. It was further noted that the board would now have to petition DBPR for arbitration.

Brian Starr made a motion to adjourn the meeting. Ty Baden seconded the motion. Brian Starr, Scott Munroe and Ty Baden voted yes and the meeting was adjourned at 7:28 PM.