– The Florida Condo Act requires certain disputes to be submitted to mandatory non-binding arbitration with the Florida Department of Business and Professional Regulation (DBPR).
– Disputes involving board member recalls and certain other issues must be resolved through arbitration.
– Title disputes, interpretation/enforcement of warranties, fee/assessment levies, collection of assessments, eviction/removal of tenants, breaches of fiduciary duty, claims for damages, challenges to arbitration orders, and enforcement of arbitration awards must be resolved through state court. – The Condo Act does not require mandatory mediation, but allows for arbitration actions to be referred to mediation by either party or the arbitrator if necessary.
– The Florida HOA Act requires mandatory non-binding arbitration for disputes involving the recall of a board member and election disputes.
– The HOA Act also requires mandatory pre-suit mediation for disputes related to parcel or common area use, covenant enforcement, amendments to association documents, board and committee meetings, membership meetings, and access to official records.
– Parties that refuse to participate in mandatory mediation are precluded from recovering attorney’s fees and costs in subsequent litigation.
– Disputes not designated for arbitration under the HOA Act, such as collection of assessments or fines, enforcement of mediation settlement agreements, and property title disputes, must be resolved through a state court. – It is essential to consult with an attorney before initiating any legal action.
– Determining the correct forum for a specific dispute is important.
– Identifying any conditions precedent to commencing legal action is crucial.
– Assessing the potential risks of legal action is also necessary.
https://www.jimersonfirm.com/blog/2016/01/appropriate-forum-for-condo-association-and-hoa-disputes-in-florida-arbitration-mediation-or-state-court/
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