BPCA Responds to Recall Questions

BPCA Responds to Recall Questions

By | 2021-03-28T15:53:13-05:00 Sunday, March 28, 2021 at 3:53 PM|News|

While BPCA was not involved in the initiation of the recall effort, the BPCA office has received several inquires from residents and owners, as follows:

What is BPCA’s role in the recall process?

Answer: BPCA’s role in the recall process is set forth in Chapter 720.303 of the Florida Statutes. It’s basic responsibility is to verify the validity of the recall ballots by either certifying or not certifying the ballots, at a properly called board meeting not later than 5 full business days after receipt of the ballots. For the recall to be successful, a majority of the total voting interests of the association must vote in favor of the recall.

Is the recall a “Secret Ballot” process?

No, the ballots submitted are not secret; as stated previously, the BPCA board is charged with verifying and certifying the ballots. Accordingly, the person indicated as signing a ballot maybe contacted during the certification process. Ballots submitted become records open to inspection by BPCA members/owners.

Can a Ballot be withdrawn, revoked, or rescinded?

Yes, a Ballot may be withdrawn, revoked, or rescinded; however, it must be done, in writing, and delivered to the association (BPCA) before the association is served with the written recall ballots.

If the BPCA board does not certify the written ballots at the properly called meeting, what happens?

The BPCA board has 5 full business days, after the meeting, to file a petition with the Florida Department of Professional and Business Regulation for binding arbitration. If the arbitrator certifies the recall as to any director or directors of the board, the recall will be effective upon mailing of the final order of arbitration to the association.

5 Comments

  1. I do not care if you see my name on a ballot!
    This Recall is NOT personal although it could be viewed that way based on the numbers of residents Wanner and Selph have tried to intimidate and curtail their thoughts. Plain and simple this neighborhood is asking you to step down! Don’t put the hood through an ugly fight! We will have the numbers to take you off, so look at the big picture and know that we don’t WANT your leadership, it’s been questionable at best and we want new leadership!
    Step down like big men … you have out lived your usefulness .. I would say we appreciate your service but I’m not sure that is even true … who wants to go to a party when you know you are not wanted!
    Please resign and do your fellow neighbors a favor is as simply as it can be put!
    This email is passive aggressive and could be seen as a threat! We have had several ask to redo their ballot in FAVOR of the recall because of emails like this! It is the Homeowners RIGHT to remove you by law.. so that is what we are about to do! Please don’t address us via a system that we don’t have access to In order to send a Reply! You are using a service that WE the residents pay for but have NO Access to. Again please resign with dignity!

  2. By the way, the proper identification of the state agency to whom a petition for binding arbitration is filed is the DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (DBPR), not DPBR as published.

  3. When posts are published on this Bay Point site, please identify the AUTHOR(s)
    of each posting rather than just showing “Bay Point” as the source. Thank you.

    • Totally agree. Put a name with your article. The only thing worse was the bogus letterhead from the post office with no title of the mail official who sent it. It was just a postal logo written by someone at bay point lying about what post office can do. We all see it.

  4. I wanted to clarify here that while not a “secret ballot,” no recall ballot will be seen by the BPCA Board of Directors for verification and certification until the number of ballots required by law are submitted. No one’s current ballot is seen by the members addressed in the recall, nor will ballots be seen by the BPCA Board of Directors until the completed recall voting is submitted by the volunteers of the recall team.

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Bay Point Community Association

4000 Marriott Dr C, Panama City, FL 32408

Phone: (850) 234-2727