Recall Vote Successful - Certification Improperly Rejected

May 1 Certification Meeting - Conflict of Interest Exposed

Watch the full meeting where recalled directors improperly voted to reject the certification of their own recall, violating Florida Statute ?720.303(10). They also attempted to use HOA funds to retain legal counsel without board approval:

(If the video embed doesn't work, click here to watch on YouTube)

What Happens Next? (Original Timeline - As of May 5, 2025)

• April 11, 2025 Special Meeting Notice posted and mailed
• April 25, 2025 Special Meeting and Recall Vote held (81 to 3 in favor of recall)
• May 1, 2025 Recalled Board improperly votes to reject their own recall in violation of Florida Statute 720.303(10)
• May 6, 2025 HOA Attorney files Petition for Recall Arbitration with DBPR on behalf of recalled board members while homeowners foot the bill
• May 7, 2025 Scott Davis (VP & Proxy Holder) files formal legal response to DBPR in opposition to petition
• May 10, 2025 HOA's D&O Insurance expires and Janelle Marazon decides to have a board meeting on May 12th regardless of having no D&O insurance in place, putting directors at personal risk
• May 12, 2025 Recall case now under DBPR review; board members may be personally liable for recent financial decisions to use HOA funds to fund their personal legal defense of a homeowner led recall that was successful on April 25th 2025.

Case Update - As of May 30, 2025

Next Step: DBPR will evaluate both the homeowner-led recall and the board's petition. A ruling is expected within 7-21 days. If the DBPR certifies the recall, the recalled directors will be removed and replacements will take office.

Financial Red Flags Homeowners Are Paying the Legal Bill

The recalled board is using HOA dues to fund its legal challenge, despite overwhelming homeowner opposition. D&O insurance had expired, and no board vote was held to authorize this expenditure.

This has triggered concern among residents about potential dues increases, misuse of funds, and a lack of financial oversight.

Scott Davis is the only reason the pool has opened and remained open. He has taken the decisive and necessary steps to preserve HOA assets, protect homeowners amenities, ensure safety and security of the residents and all at his own personal expense as the board of directors refuses to reimburse him for the necessary and legally required maintenance of the pool and plumbing system repairs he had to front out-of-pocket. Directors (subject to recall), hold all the Bank of America signatory positions that control all disbursement from the HOA account and this position has been weaponized to prevent reimbursement for valid association needs such as keeping the pool operational and meeting Dept of Health regulations. Your funds are being used against you and any Board member who wants to help you.

Stay Informed - Next Steps

• Homeowners will be notified by email and posted notices as soon as DBPR issues a ruling.
• If the recall is upheld, replacement directors will be voted on by homeowners who supported the recall.
• A community-wide update meeting will be scheduled after DBPR resolution.

Warning: Continued DBPR Arbitration Costs

The recalled board members chose to file a Petition for Recall Arbitration with the DBPR by the May 8 deadline:

• It costs $200 for filing fee, exposing the HOA to an estimated $10,000-$12,000 in legal fees. Confirmed at 5/12/2025 meeting that already $1,974.50 has already been spent on HOA attorney using your money. My research has led me to reconcile that Sara Webner's invoicing runs 47 days in arrears so it will be six weeks before we even know what the recall board members are spending your money on and what kind of bills she's racking up on you're dime.
• Defending a recall that complies 100% with Florida law would is virtually unwinnable.
• Homeowners could face an approximate dues increase of $82.76 per household to cover these legal costs depending how much they spend to defend this frivolous case
• Recalled directors may face demands for personal reimbursement if they misuse HOA funds on frivolous litigation, especially as Directors and Officers Insurance has lapsed on May 10th 2025.

Homeowners will continued to be fully and immediately notified when Association funds are wrongfully used to oppose the recall via arbitration.

Pool Reopened, Legally and Safely

The pool has now legally reopened following a licensed CFC plumbing repair Scott Davis had to pay for out of pocket so that the pool could reopen, which was subsequently approved by the Florida Department of Health and issued a satisfactory health report.

• Plumbing repaired by American Veteran Plumbing LLC - a licensed, DBPR-verified CFC contractor.
• Cost: $295 (vs. $750+ proposal to dig alone by the former vendor)
• No trenching, no rerouting, no inflated costs
• DOH approved reopening after full documentation submitted
• Pool chemical levels verified: pH 7.4, Free Chlorine 7.5 ppm

Water restored to:

• Cabana restroom and shower
• Pool shower and fill line
• Irrigation (pending one remaining break)

The repair saved thousands in HOA funds and avoided a dues increase. All work was done transparently and lawfully under homeowner proxy authority.

Update: After the satisfactory inspection, President Janelle Marazon attempted to interfere with the Department of Health report by submitting photos and making false claims about unlicensed work. DOH officials Alan Dang and Andrew Halula rejected these claims and confirmed the pool remains open and compliant.

Watch the Department of Health Inspection:

(If the video embed doesn't work, click here to watch on YouTube)

Pool Maintenance Log

Daily readings, actions, and notes on pool conditions:

Logs will be updated regularly.

Facts:

• Special Meeting Notice was properly posted and mailed April 11, 2025
• Meeting held April 25, 2025 under Florida law ?720.306
• Recall certified by majority proxy and live votes
• Homeowner-led, lawful, and compliant recall process
• Lack of Kaufman language in Bylaws from 1986 allow Director removal "at a meeting" and are not subject to FS 720 that did not become law until 6 years after the Bylaws
• Homeowner may remove Directors at any time by Majority vote and with proxies

Timeline Summary:

• April 11, 2025 Special Meeting Notice posted and mailed
• April 25, 2025 Special Meeting and Recall Vote held (81 to 3 in favor of recall)
• May 1, 2025 Recalled Board improperly votes to reject their own recall in violation of Florida Statute 720.303(10)
• May 6, 2025 HOA Attorney files Petition for Recall Arbitration with DBPR on behalf of recalled board members while homeowners foot the bill
• May 7, 2025 Scott Davis (VP & Proxy Holder) files formal legal response to DBPR in opposition to petition
• May 10, 2025 HOA's D&O Insurance expires and Janelle Marazon decides to have a board meeting on May 12th regardless of having no D&O insurance in place, putting directors at personal risk
• May 12, 2025 Recall case now under DBPR review; board members may be personally liable for recent financial decisions to use HOA funds to fund their personal legal defense of a homeowner led recall that was successful on April 25th 2025.
• May 12, 2025 DBPR arbitrator order requiring response to Respondent's answer
• May 14, 2025 Scott Davis filed supplemental response to Petition w/ Exhibits
• May 19, 2025 Scott Davis files HOA 6000-6 Qualified Representative Form
• May 20, 2025 Attorney Sarah Webner files Response to Recall Answer, still asking for attorneys fees, despite the arbitrator already stating in an order attorney fees are not allowed an HOA recall cases
• May 23, 2025 DBPR arbitrator signs Order setting hearing for case management May 28, 2025 at 2 PM and request a journey and respondent have a pre-hearing conference to cover stipulated items
• May 27, 2025 Scott Davis confirm with Attorney, Sarah, Webner, and required pre-hearing conference call
• May 28, 2025 Case management hearing conducted at 2 PM EST
• May 29, 2025 DBPR issues preliminary final order, however, immediately vacate the order when he realizes there's no Kaufman language in our bylaws
• May 30, 2025 DBPR issues Order vacating previously filed final order as 1986 bylaws pre-date 1991 Florida statute section 720 and with no Kaufman language invalidates Attorney Sarah Webner's defense claims while confirming the governing documents allow recall at a meeting, proxy format, and method used were valid, petitioners, procedural objections do not apply, and our recall process was procedural sound.
• May 30, 2025 Scott Davis files respondent's legal brief to DBPR in accordance with DBPR arbitrator order and requesting certification of recall