Deese v. Realtors Association of Lake & Sumter Counties, Inc., et al.

Matthew Bernstein (Deland, FL) (D&O) obtained a Summary Judgment in favor of a real estate association and its individual Board of Directors, all of whom were named respondents, in a declaratory judgment action filed by the Association’s former President. The Petitioner alleged that the Association and its Directors improperly removed him as President at its first annual meeting in 2019. He sought a declaratory judgment reinstating him to that position, claiming a conflict and ambiguity in the Association’s Bylaws. The parties presented competing motions for summary judgment. The Court granted Respondents’ Motion on the bases that Petitioner had exceeded term limits per the Bylaws and was not properly appointed or ratified as President at the annual meeting, as argued by Respondents. Therefore, Petitioner could not prevail because he was ineligible to continue serving as an officer and could not have been improperly removed from a position he never held in the first place.