CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 12434, 1998 WL 689766
...Rod Tennyson of Rod Tennyson, P.A., West Palm Beach, for appellee. ON MOTION FOR REHEARING WARNER, Judge. We withdraw our previously issued opinion and substitute the following in its place. The appellee, Kingswood E. Condominium Association, Inc. ("Association"), brought an arbitration proceeding under section 718.1255, Florida Statutes (1995), against unit owner Mary Ruffin and her son, appellant Paul Ruffin, alleging that because of physical altercations on the Association's premises involving appellant, who the Association alleged was a tenant,...
...r was moot. However, because the Association also wanted protection against appellant's possible return to the premises, the arbitrator entered an order stating that "Mr. Ruffin shall remain away and off the condominium property." In accordance with section 718.1255(4)(k), within thirty days of the arbitrator's decision, appellant filed a complaint for a trial de novo in the circuit court....
...We agree with appellant that the dispute was not moot, as the final order of the arbitrator enjoined appellant from coming on the premises of the condominium. Without filing for a trial de novo, the order would be subject to enforcement proceedings pursuant to section 718.1255(4)(e)....
...raises issue). The Association sought to subject appellant to arbitration proceedings on the ground that he was a tenant. Appellant adamantly denied his tenancy status and the authority of the arbitrator to issue any orders restricting his movement. Section 718.1255(1) provides, in pertinent part: (1) DEFINITIONS.As used in this section, the term "dispute" means any disagreement between two or more parties that involves: (a) The authority of the board of directors, under this chapter or association document to: 1....
...Although who may be parties is not defined in the statute, the legislative findings indicate that this alternative dispute resolution procedure was adopted in part to reduce the disadvantages to unit owners when litigating against the superior financial resources of condominium associations. See § 718.1255(3), Fla....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 8785, 2003 WL 21346942
...entures sold the condominium and filed its Second Amended Complaint, Water Glades moved to dismiss it, claiming that the trial court lacked subject matter jurisdiction because certain counts had to be submitted to non-binding arbitration pursuant to section 718.1255, Florida Statutes, (1995) (Condominium Arbitration Act). Section 718.1255 requires that certain disputes involving unit owners and condo associations be submitted to arbitration before a case is filed in court....
...When National Ventures sought to return to the trial court, Water Glades moved to dismiss the five counts, arguing that the trial court lacked jurisdiction to decide the case because National Ventures failed to request a trial de novo within thirty days of the final arbitration order, pursuant to section 718.1255(4)(k), Florida Statutes, (1998)....
...conversion count because, due to the sale of the condo, there was no immediate right to possession of property. The trial court erred in dismissing the five counts of National Ventures's second amended complaint based on the thirty-day provision of section 718.1255(4)(k)....
...This provision in the arbitration statute does not apply to these claims, because they are not subject to *1073 arbitration. As mentioned above, Water Glades had earlier succeeded in obtaining a dismissal of the arbitration petition by arguing that section 718.1255 did not apply to National Ventures's claims....
...hear the controversy because, although the plaintiff was a unit owner when she filed her complaint, she was not a unit owner when the causes of action arose); Ruffin v. Kingswood E. Condo. Ass'n, Inc.,
719 So.2d 951, 953 (Fla. 4th DCA 1998)(finding section
718.1255 precluded arbitration of dispute where appellant was not a unit owner as the statute does not apply to arbitration of disputes between a condominium association and third parties); Fla....
...Here, it was undisputed that National Ventures was no longer a unit owner when it filed its Second Amended Complaint. Thus, the arbitrator correctly ruled that it lacked jurisdiction. However, because the claims were not subject to arbitration under section 718.1255, the parties were not bound by the provisions of subsection (4)(k) of that statute....
...putes eligible for arbitration are those existing between a unit owner or owners and the association or its board of administration....'" [2] The requirement of filing for a trial de novo within 30 days was previously addressed in subsection (4)(c). § 718.1255, Fla. Stat. (1995). Pursuant to the legislature's 1997 amendment of section 718.1255, this requirement is now under subsection (4)(k)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1996 WL 539835
...dominium by leasing his condominium unit without prior approval of the association, appellee Tamarac. Tamarac disapproved the lease. Appellant's motion to dismiss alleged that the action involved a dispute required to be arbitrated first pursuant to section 718.1255, Florida Statutes (1995). The trial court concluded that the statute's definition of "dispute" did not include the dispute over a unit owner's right to lease his unit. Section 718.1255(4)(a), Florida Statutes (1995), provides for mandatory nonbinding arbitration of "disputes" between condominium unit owners and associations prior to the institution of court litigation....
...y interpretation and construction beyond the plain meaning rule. That rule provides that the statute itself must be given its plain and obvious meaning. See WFTV, Inc. v. Wilken,
675 So.2d 674 (Fla. 4th DCA 1996). The plain meaning interpretation of section
718.1255 and its definition of "disputes" subject to non-binding arbitration is consistent with the legislative findings set forth in section
718.1255(3), Florida Statutes (1995), showing that the statute is intended to help unit owners avoid the high cost and significant delay of circuit court litigation with condominium associations or related entities....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 11739, 2010 WL 3155000
...[1] On January 15, 2008, the unit owners filed their second amended eight count complaint containing a variety of general and specific allegations. Upon the association/directors' motion, counts II, III, IV, V & VII were dismissed by the trial court on the basis that the claims were "disputes" as defined by § 718.1255(1), Florida Statutes and therefore subject to mandatory pre-suit non-binding arbitration....
...Whispering Woods Ctr., L.L.C.,
990 So.2d 695, 697 (Fla. 4th DCA 2008). (citation omitted). As a general rule, all allegations in a well-pleaded complaint must be accepted as true when ruling on a motion to dismiss. Smith v. 2001 S. Dixie Highway, Inc.,
872 So.2d 992, 993 (Fla. 4th DCA 2004). Section
718.1255(4)(a), Florida Statutes provides that as a condition precedent to court litigation, a "dispute" between a unit owner and condominium association must be submitted to non-binding arbitration....
...*1071 A "dispute" is defined as a "disagreement between two or more parties that involves" issues ranging from the authority of the association to alter or add to a common area within a condominium complex to failure of the board of directors, when so required, to adequately conduct meetings or take official action. See § 718.1255(1), Fla....
...nium Act and thus, not subject to mandatory pre-suit non-binding arbitration. See Carlandia Corp. v. Obernauer,
695 So.2d 408, 410 (Fla. 4th DCA 1997), receded from on other grounds by Neate,
718 So.2d at 390 ("The nonbinding arbitration required by section
718.1255(4) is well suited to deal with everyday condominium disputes such as keys, pets, proxies, renters, election violations and offensive exterior decoration or maintenance of a unit....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21766526
...RELIEF For the reasons outlined above, the final judgment is reversed and this case is remanded to the trial court for a trial on the issues raised in Bacon's motion for trial. Reversed and remanded. FULMER and SILBERMAN, JJ., concur. NOTES [1] The case was not referred to mandatory nonbinding arbitration pursuant to section 718.1255, Florida Statutes (2001). The dispute was between an association and the owner of a commercial condominium unit. Such disputes are not eligible for arbitration under section 718.1255 pursuant to Florida Administrative Code Rule 61B-45.013(8)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 12903, 1998 WL 712873
...were becoming overcrowded with condominium and other disputes. It thus concluded that the high cost of litigation could be alleviated by requiring nonbinding arbitration as a precondition to suit in some condominium disputes. Accordingly it rewrote section 718.1255....
...The rewritten statute newly required that disputes between a unit owner and condominium association involving the authority of the board to require or forbid unit owners to take action must first be submitted to nonbinding arbitration before a lawsuit may be filed. Section 718.1255(4)(a) states in part that: "[p]rior to the institution of court litigation, a party to a dispute shall [e.s.] petition the division for nonbinding arbitration." [2] Equally important, it provides that the decision of the arbitrators...
...k of jurisdiction. A condominium association had sued to enjoin a unit owner from violating a provision of the declaration of condominium. The unit owner sought to have the action dismissed because it was filed without prior arbitration, contrary to section
718.1255(4)(a). The owner argued that without a prior arbitration the circuit court lacks jurisdiction of the suit. We disagreed with the contention that the provision affected the jurisdiction of the circuit court, and observed that section
718.1255 "provides for mandatory nonbinding arbitration of `disputes' between condominium unit owners and associations prior to the institution of court litigation."
684 So.2d at 827....
...In reversing the denial of the motion to dismiss in Blum, rather than requiring a dismissal of the unauthorized action without prior arbitration, we remanded with instructions that the action be stayed pending the arbitration. We did not explain why a stay as opposed to a dismissalwas the proper remedy under section 718.1255 for filing suit without prior arbitration....
...Because the agreement between the parties contained an express agreement to arbitrate all disputes, we therefore concluded that the Florida Arbitration Code itself required that the action be stayed rather than dismissed. There is no similar provision in section 718.1255 providing for such stays....
...nd mediation of disputes." Subsection (4)(a) states "[p]rior to the institution of court litigation, a party to a dispute shall [e.s.] petition ... for nonbinding arbitration." Our opinion in Blum did not explain why, in light of these provisions in section
718.1255 and the absence of a stay provision comparable to section
682.03, an unauthorized filing in court without prior arbitration should not be dismissed. In later cases, we have simply cited Blum without comment. See Summit Towers Condo. Ass'n, Inc. v. Coren,
707 So.2d 416 (Fla. 4th DCA 1998); Carlandia Corp. v. Obernauer,
695 So.2d 408 (Fla. 4th DCA 1997). We read these provisions in section
718.1255 to create a condition precedent to filing an action in court, and conclude that this condition precedent operates similarly to comparable provisions in other statutes....
...Indian River County,
371 So.2d 1010 (Fla. 1979), and Levine v. Dade County School Board,
442 So.2d 210 (Fla.1983), the court had similarly held that dismissal was required where a claimant fails to allege compliance with the sovereign immunity condition precedent to suit. Although section
718.1255 deals with arbitration rather than notice, we conclude that both are properly conceived of as conditions precedent to filing an action in court....
...Tamarac Fairways Ass'n,
684 So.2d 826 (Fla. 4th DCA 1996); Summit Towers Condo. Ass'n v. Coren,
707 So.2d 416 (Fla. 4th DCA 1998); and Carlandia Corp. v. Obernauer,
695 So.2d 408 (Fla. 4th DCA 1997), to the extent they are inconsistent with today's decision. Henceforth, actions covered by section
718.1255 and filed without prior arbitration will be subject to dismissal and will not be merely stayed pending statutory compliance....
...stayed. In the end, he contends that the same considerations that led us to stay unauthorized suits without arbitration should similarly lead us to disregard his failure to file timely for trial after arbitration. We disagree. The obvious intent of section 718.1255(4)(a), fully expressed by the legislature, is that no party may commence an action in court on a dispute covered by the statute until and unless arbitration has been had. As we earlier explained, the requirement of prior arbitration is a condition precedent to any suit on the dispute. Although in Blum we allowed unauthorized actions covered by section 718.1255 to be stayed pending arbitration, rather than dismissed, nothing in Blum suggested or implied that the stay would relieve a party of filing a complaint for a trial de novo after the arbitration decision was presented during the stay....
...utory compliance when the arbitration has finally been had only because the court refused to allow the action to proceed without it. We are unable to treat the condition requiring prior arbitration as a mere incantation on the way to trial. Moreover section 718.1255(4)(k) expressly states that an arbitration decision is final unless a party formally files a complaint for a trial within 30 days afterwards....
...ss one of the parties acts within the stated period after arbitration to demand a trial. There is nothing suggesting that the legislature intended that the prior resort to arbitration be an empty and mechanical ritual. The full text and structure of section 718.1255 evidence a purpose to make this alternative form of dispute resolution effectivea real attempt to end the controversy then and there without the necessity of another suit in court....
...One who defies the statute and files in court without first submitting the dispute to nonbinding arbitration should get no benefit from the prohibited filing of an action without compliance with a statutory condition precedent to filing suit. We therefore hold that a party to a dispute covered by section 718.1255 who desires not to accept an arbitrator's decision in a stayed, unauthorized action must still comply with the statutory requirement and formally file a complaint in court for a trial do novo within 30 days of the arbitrator's written decision. Where the unauthorized action, as here, has been stayed and is thus still pending, this compliance could be attached to a timely filed motion for leave to amend the original complaint to show compliance with section 718.1255....
...Here the party did not do so, and the trial court was therefore required to dismiss the action and enforce the final decision by the arbitrator. AFFIRMED. *394 STONE, C.J., and GUNTHER, WARNER, POLEN, KLEIN, STEVENSON, SHAHOOD, GROSS and TAYLOR, JJ., concur. DELL, J., recused. NOTES [1] § 718.1255 Fla. Stat. (1989). [2] The statute was later amended without substantial change to these provisions. See Ch. 97-301, § 2, at 5425, 5427, Laws of Fla., and § 718.1255(4)(a) and (k), Fla. Stat. (1997). [3] See § 718.1255(4)(k), Fla....
...On July 3rd the owner had filed a notice in the trial court attaching a copy of the arbitrator's decision, along with a motion to lift the stay. Apart from the fact that the July 3rd notice and motion failed to contain any complaint for a trial de novo, or request for leave to amend the complaint to allege compliance with section 718.1255(4)(k), this too was also filed outside the 30-day requirement of section 718.1255(4)(k).
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1997 WL 245193
...Beach, for Appellant. G. Bart Billbrough and Geoffrey B. Marks of Walton Lantaff Schroeder & Carson, Miami, for Appellees. Rehearing, Rehearing En Banc, and Certification Denied June 23, 1997. GROSS, Judge. The question posed in this case is whether section 718.1255, Florida Statutes (Supp....
...In addition to damages, the complaint also sought credit against past and future assessments attributable to the defects. The trial court granted the defendants' motion to dismiss the complaint for failure to conduct nonbinding arbitration prior to filing suit pursuant to section
718.1255(4)(a). Carlandia, the unit owner, appeals. This court has jurisdiction. Fla. R.App. P. 9.130(a)(3)(C)(v). We reverse the dismissal [2] because the disagreement framed by the complaint did not constitute a "dispute" within the meaning of section
718.1255, Florida Statutes (Supp.1992). Section
718.1255(4)(a) mandates that the parties to a "dispute" submit to nonbinding arbitration prior to the institution of court litigation. Blum v. Tamarac Fairways Ass'n, Inc.,
684 So.2d 826, 827 (Fla. 4th DCA 1996). Section
718.1255(1) defines a "dispute" as any disagreement between two or more parties that involves: (a) The authority of the board of directors, under any law or association document to: 1....
...or assessment, or the collection of an assessment levied against a party. The statute excludes from the definition of "dispute" any disagreement that "primarily involves ... the interpretation or enforcement of any warranty." A "warranty" *410 under section
718.1255(1) includes those enumerated in section
718.203....
...or general contractor. The most significant and difficult portion of the breach of fiduciary duty action as pled is the existence of any warranty violations. This application of the exclusion is consistent with the legislative findings set forth in section 718.1255(3)....
...The statute is designed to protect unit owners from the high cost and significant delay of circuit court litigation with their condominium association. Blum,
684 So.2d at 828. The legislature did not require arbitration in all types of condominium disputes; section
718.1255(1) limits the statute's application to specific types of disagreements and excludes other categories of claims from arbitration. The nonbinding arbitration required by section
718.1255(4) is well suited to deal with everyday condominium disputes such as keys, pets, proxies, renters, election violations and offensive exterior decoration or maintenance of a unit....
...Because of their factual and legal complexity, they are less amenable to the type of nonbinding arbitration contemplated by the statute than other types of unit owner/association disputes. A bevy of construction defect cases might overwhelm the administrative mechanism, and perhaps the funding for it, described in section 718.1255(4)....
...Woodlake Condominium Association of Marco Shores, Inc.,
671 So.2d 253 (Fla. 2d DCA 1996), does not compel a different result. In that case, the second district held that a unit owner's count for breach of fiduciary duty against a condominium association and its directors was a "dispute" under section
718.1255 that was subject to arbitration....
...The nature of the fiduciary duty involved is not mentioned in the opinion. The case appears to involve common element maintenance and the fiduciary duty there at issue could well have been a failure to maintain resulting in waste to common areas, a dispute arguably falling under section 718.1255(1)(a)(2)....
...I concur in the reversal of the trial court's order of dismissal, but would remand with directions to the court to enter a stay pending arbitration. See Blum v. Tamarac Fairways Ass'n Inc.,
684 So.2d 826 (Fla. 4th DCA 1996). Contrary to the majority, I interpret Section
718.1255(4)(a), Florida Statutes, to require arbitration in this case....
...s well as the board's inherent duty to act on that authority. In my opinion, the primary issue is not the enforcement of a warranty, which is excluded from the statute. NOTES [1] See §
718.203, Fla. Stat. (1995). [2] Were arbitration required under section
718.1255, the proper remedy would not be dismissal, but a stay of the case pending arbitration....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1998 WL 412650
...m living unit 511 since it was a limited common element which was at all times appurtenant to living unit 511. The Department properly took jurisdiction and arbitrated the dispute pursuant to rule 61B-45.013(1) of the Florida Administrative Code and section 718.1255 of the Florida Statutes (1993). Upon review, the Department issued a final summary judgment in favor of the Rices. Following entry of the Department's adverse ruling, Brown sought a trial de novo in the circuit court pursuant to section 718.1255(4)(c) of the Florida Statutes (1993)....
...Brown, who acquired the right to use the garage, from having that right now considered as "an appurtenance" to her unit. NOTES [1] Ms. Brown also argues that (1) the state did not have jurisdiction to compel Brown and Rice to arbitrate pursuant to section 718.1255, Florida Statutes (1995), and rule 61B-45.013 of the Florida Administrative Code, and (2) material facts existed precluding entry of final summary judgment....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2006 WL 229044
...Stat. (2002) (providing that "[a]ny plaintiff who prevails in any... action [under the Adult Family-Care Home Act] is entitled to recover reasonable attorney's fees, costs of the action, and damages" except in specified circumstances (emphasis added)); § 718.1255(4)(h), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1997 WL 148731
...ra filed an Amended Motion for Rehearing, to Dismiss, and to Vacate Final Summary Judgment arguing that the trial court lacked subject matter jurisdiction because Sterling had failed to comply with the mandatory non-binding arbitration provisions of section 718.1255, Florida Statutes (1993). Herrera voluntarily dismissed her counterclaim, and the trial court entered an order granting her amended motion for rehearing, vacating final summary judgment, ordering the parties to comply with section 718.1255, and staying any further proceedings pending the completion of arbitration. Sterling's appeal follows. Section 718.1255(4)(a) requires that "[p]rior to the institution of court litigation, the [condominium association and the unit owner] shall petition the division for nonbinding arbitration." Herrera argues that, based on this requirement for mandatory nonbinding arbitration of disputes, the circuit court lacked subject matter jurisdiction. We disagree for several reasons. First, section 718.1255(3), recites the following "Legislative Findings:" (a) ......
...uld, in fact, be contrary to the statute's stated intent. Secondly, because the arbitration is "nonbinding" and because the statute explains that "nothing in this provision shall be construed to foreclose parties from proceeding in a trial de novo," § 718.1255(4), Florida Statutes, we find that the statute is not jurisdictional and that, therefore, the circuit court *705 did not lack subject matter jurisdiction to hear this dispute....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 14080
...The remaining reasons for dismissing the complaint on jurisdictional grounds also fail. First, as to the Association's claim that Mitchell was required to arbitrate his claim before proceeding to suit, a dispute over the levy of an assessment is not subject to the arbitration provisions of the Condominium Act. See § 718.1255(1)(b), (4)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...ium association and its individual directors. The appellant's complaint contained five counts. On motion of the appellees, the trial court dismissed the complaint, finding that all counts must first be submitted to nonbinding arbitration pursuant to section 718.1255, Florida Statutes (1995). The appellant argues that the trial court's action was erroneous. We agree and reverse. Section 718.1255 contains a definition of the word "dispute" as used in that section. The appellant argues that the plain meaning of the definition shows that section 718.1255 does not apply to disagreements over common element maintenance and such disagreements are the essence of its complaint....
...failed to provide this court with a transcript of the hearing "from which the order on appeal was rendered." The complaint filed by the appellant, however, contains two counts which we believe fall within the definition of "dispute" as set forth in section 718.1255. These are Count IV for breach of fiduciary duty as against the directors and Count V for an accounting against the condominium association for misappropriation of funds. So there are three counts not subject to arbitration and two which are. Section 718.1255 provides that arbitration is to be conducted by the Division of Florida Land Sales, Condominiums, and Mobile Homes of the Department of Business & Professional Regulation and further provides that the Department shall promulgate rules of procedure to govern such arbitration hearings....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1998 WL 130067
...Appellant, a condominium association, seeks relief from a trial court's order denying its motion to dismiss the action in favor of resolving the dispute by arbitration. We agree with Appellant and remand for entry *417 of a stay pending arbitration under section 718.1255(4)(a), Fla....
...previous litigation. We have considered and reject Appellee's argument that the issue involves one of title not subject to the arbitration provisions of the statute. [1] Rather, we conclude that the issue is one of Appellants' authority to act. See § 718.1255(1)(a), Fla....
...Accordingly, we reverse and remand for entry of a stay pending arbitration. STONE, C.J., and GLICKSTEIN and POLEN, JJ., concur. NOTES [1] We note that effective October 1, 1997, the definition of the term "dispute" for purposes of chapter 718 was amended. See § 718.1255(1), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 10547, 2012 WL 2471601
...the burden of presenting its case in the “trial de novo appeal proceeding.” Id. at 714 ; see also Kahn v. Villas at Eagles Point Condo. Ass’n,
693 So.2d 1029, 1030 (Fla. 2d DCA 1997) (approving the utilization of condominium arbitration under section
718.1255, Florida Statutes (Supp....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2002 WL 459219
...apportion the fees.
717 So.2d at 1092. The circuit court apparently believed that the counts of Clipper's complaint were so intermingled that apportionment was not feasible. But count IV was dismissed because Clipper failed to seek arbitration. See §
718.1255(4)(a), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 2230, 2006 WL 399735
...Owners moved to dismiss the complaint predicated upon the association's failure to satisfy a condition precedent to filing suit in circuit court, i.e., the filing of a petition with the Division of Florida Land Sales, Condominiums and Mobile Homes [the Agency] for non-binding arbitration pursuant to section 718.1255, Florida Statutes (2004). In this appeal, the U.G.C. Owners seek review of the denial of their motion seeking dismissal. Section 718.1255(4)(a), Florida Statutes (2004), requires that "[p]rior to the institution of court litigation, a party to a dispute shall petition the division for nonbinding arbitration." "Dispute" is defined as: "[A]ny disagreement between two or more parties that involves: (a) The authority of the board of directors, under this chapter or association document to: 1. Require any owner to take any action, or not to take any action, involving that owner's unit or the appurtenances thereto." § 718.1255(1), Fla....
...3d DCA 2004); Cone v. State, Dept. of Health,
886 So.2d 1007 (Fla. 1st DCA 2004). We find nothing in the Agency's rule which conflicts with its legislative mandate. We, therefore, affirm the trial court's denial of the motion to dismiss finding that Section
718.1255 is not applicable to this case....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 18412, 2009 WL 4281272
...s to the exterior of the condominium building. In order to make the repairs the contractor required access to Siegel's unit, which Siegel denied. On February 5, 2008, the Association filed a verified petition for non-binding arbitration, pursuant to section 718.1255, Florida Statutes (2008), before the Florida Department of Business and Professional Regulation....
...y the court. [3] During the pendency of this appeal, the Association prevailed in the arbitration proceeding involving the Association's claim for damages caused by the delay in access, as well as the claim for access to the unit itself. Pursuant to section 718.1255(4)(k), Florida Statutes (2009), the prevailing party in the arbitration is entitled to the costs and reasonable attorney's fees once the arbitration award is final....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 570, 2010 WL 323022
...Hanson of The Law Offices of Lobeck & Hanson, P.A., Sarasota, for Appellee/Cross-Appellant. VILLANTI, Judge. Beach Terrace Association, Inc. (the Association), appeals the circuit court's ruling that it was not entitled to an award of attorney's fees pursuant to sections
718.303 and
718.1255(4)( l ), Florida Statutes (2007)....
...On the cross-appeal, we reverse and remand for recomputation of prejudgment interest on DiPaola's attorney's fee award. We only need recite those facts relevant to the issue of the prejudgment interest award. DiPaola, a condominium owner, originally filed a petition for nonbinding arbitration pursuant to section 718.1255(4), Florida Statutes (2003)....
...lobby area, as well as certain amendments to the Declaration of Condominium. After the arbitrator ruled in favor of the Association, DiPaola brought an action against the Association in circuit court for trial de novo on the same issues, pursuant to section 718.1255(4)(k)....
...In its ruling, the circuit court reached a result that differed from the arbitrator's ruling. Thereafter, DiPaola filed a motion to tax costs and attorney's fees. On May 22, 2008, the circuit court determined that DiPaola was entitled to attorney's fees pursuant to section 718.1255(4)( l ), after concluding that DiPaola had obtained a judgment in the circuit court that was "more favorable" than the arbitrator's decision....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1998 WL 27880
...gment. Cypress Bend and respondent, Peter Dexner, entered into arbitration proceedings regarding Dexner's alleged violation of condominium regulations. Upon entry of an adverse arbitration order, Dexner filed suit seeking a trial de novo pursuant to section 718.1255(4), Florida Statutes (1997)....
...While the order contained a certificate of service by mail dated May 19, 1997, Dexner did not file his action until June 19, 1997, thirty-one (31) days later. Cypress Bend thereafter filed a motion for summary judgment, arguing that the suit was untimely pursuant to Fla. Adm.Code R. 61B-45.043(2) (1997) and section 718.1255(4)(c), and that the circuit court was without jurisdiction....
...The circuit court denied the motion, finding that, since Dexner served a copy of the suit by mail within thirty-five days of the order, it was timely pursuant to Fla. Adm.Code R. 22I.6002 (now 60Q-2.002) (adding five days for mailing). *682 Because we find the thirty-day requirement of subsections 61B-45.043(2) and 718.1255(4)(c) to be a jurisdictional precondition to bringing suit under section 718.1255, we believe the circuit court exceeded its jurisdiction by not granting Cypress Bend's motion....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1998 WL 473026
...for stay. This case arose when appellee, Elinor England, filed a complaint against appellants for malicious prosecution, negligence, breach of fiduciary duty, slander and conspiracy. Appellants filed a motion for arbitration and for stay pursuant to section 718.1255, Florida Statutes (1997). The trial court entered an order denying their motion and they appealed. We affirm. Appellants filed their motion for arbitration pursuant to section 718.1255 which provides in pertinent part the following: 718.1255 Alternative dispute resolution; voluntary mediation; mandatory nonbinding arbitration; legislative findings. (1) DEFINITIONS.As used in this section, the term "dispute" means any disagreement between two or more parties that involves: (a...
...f applicable, in a court of law. * * * * * * (4) MANDATORY NONBINDING ARBITRATION AND MEDIATION OF DISPUTES. ... *367 (a) Prior to the institution of court litigation, a party to a dispute shall petition the division for nonbinding arbitration.... Section 718.1255 applies only to disputes between a unit owner and a condominium association....
...61B-45.013 (only those disputes between a unit owner and a condominium association or its board of administration are eligible for arbitration); Ruffin v. Kingswood E. Condominium Ass'n, Inc., 23 Fla. L. Weekly D1178, D1179 (Fla. 4th DCA May 13, 1998) (section
718.1255 precluded arbitration of dispute where appellant was not a unit owner as statute does not include within its purview arbitration of disputes between condominium association and third parties); Blum v. Tamarac Fairways Ass'n, Inc.,
684 So.2d 826, 827 (Fla. 4th DCA 1996) (section
718.1255(4)(a), Florida Statutes (1995) provides for mandatory nonbinding arbitration of disputes between unit owners and their condominium association before commencement of court litigation). See also Fla. Admin. Code R. 61B-45.015 & 61B-45.017; Carlandia Corp. v. Obernauer,
695 So.2d 408 (Fla. 4th DCA 1997) (section
718.1255 designed to protect unit owners from high cost and significant delay of court litigation with their condominium association); Sterling Condominium Ass'n, Inc. v. Herrera,
690 So.2d 703 (Fla. 3d DCA 1997) (refers to the parties in section
718.1255 as the unit owner and the association). A unit owner is "a record owner of legal title to a condominium parcel." §
718.103(25), Fla. Stat. (1998). The prevailing authority's interpretation of the statute is supported by the legislative intent set forth in section
718.1255(3) in which the parties are referred to as the unit owner and the condominium association....
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 13526, 2000 WL 1531762
...The trial court held that a dispute over title to and the right to use particular condominium parking spaces, which are, by definition, "limited common elements," see Brown v. Rice,
716 So.2d 807, 808 (Fla. 5th DCA 1998), review denied,
727 So.2d 903 (Fla.1998), is not subject to the nonbinding arbitration provisions of section
718.1255, Florida Statutes (1999). We agree. [1] §
718.1255(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...e County, Mark
Blumstein, Judge.
Richard Samuel, in proper person.
Backer Aboud Poliakoff & Foelster, LLP, and Kenneth E. Zeilberger
(Boca Raton), for appellee.
Before EMAS, HENDON and BOKOR, JJ.
PER CURIAM.
Affirmed. See § 718.1255(4)(m), Fla....
CopyPublished | Supreme Court of Florida | 2015 WL 6510426
...Determination of affirmative votes needed to pass a proposition or
amendment to recorded documents;
9. Determination of owners’ votes needed to establish a quorum;
6
10. Drafting of pre-arbitration demand letters required by 718.1255, Fla.
Stat.;
11....
...CAM to make these determinations. If these determinations do not require such
interpretation and application, it is the opinion of the Standing Committee that they
would not constitute the unlicensed practice of law.
10. Drafting of pre-arbitration demand letters required by 718.1255, Fla.
Stat.;
Under Section 718.1255, Fla....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 5149, 1997 WL 244252
ALTENBERND, Acting Chief Judge. Keke and Richard Kahn appeal the trial court’s final judgment following a trial de novo pursuant to section 718.1255, Florida Statutes (Supp.1994)....
...Nevertheless, the deck was built without the Association’s approval and is a violation of the condominium declarations. When the dispute between the Kahns and the Association first arose, the matter was referred to mandatory nonbinding arbitration pursuant to section 718.1255....
...The Department of Business and Professional Regulation conducted a hearing, and its hearing officer issued a 23-page final order requiring the Kahns to remove their deck. The Kahns then filed this action in circuit court requesting a trial de novo under section 718.1255(4)(c)....
...They also claim the Association was not entitled to attorneys’ fees in circuit court. We reject both arguments. This mandatory nonbinding arbitration statute is similar, but not identical, to the statute requiring presuit arbitration of new motor vehicle “lemon law” claims. Compare § 718.1255(4)(c), Fla....
...Porsche Cars of North America,
621 So.2d 719 (Fla. 5th DCA), review denied,
629 So.2d 134 (Fla.1993). In such cases, the decision of the arbitrator stands unless reversed by the circuit court. We conclude that the same procedures are appropriate in condominium arbitration. Section
718.1255(4) expressly provides that the final decision of the arbitrator shall be admissible in the circuit court trial de novo....
...re-establish the rights it obtained in the earlier order. Because the Kahns did not obtain a “more favorable” result in the circuit court action, the Association is entitled to recover reasonable costs including attorneys’ fees in that action. §
718.1255(4)(d), Fla. Stat. (Supp. 1994). The Association is also entitled to appellate attorneys’ fees because section
59.46, Florida Statutes (1993), extends section
718.1255(4)(d) to appellate proceedings....
CopyPublished | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 3314, 2007 WL 675987
WELLS, Judge. We treat the instant petition for writ of certiorari as an appeal from a final judgment following a de novo proceeding in the court below and affirm the judgment in Appellee’s favor. See § 718.1255(4)(k), Fla....
CopyPublished | Florida 1st District Court of Appeal
...members installed a boat
lift at the community’s boat dock without the approval of the
other unit owners. The Association moved to dismiss the
complaint, arguing that Browning was required to submit his
claim to nonbinding arbitration pursuant to section 718.1255,
Florida Statutes (2016), before filing suit because the
disagreement between the parties was a garden-variety dispute
between a unit owner and condominium association....
...The Association’s motion to dismiss the suit was denied, and this
appeal follows.
The Association asserts that Browning’s disagreement with
the Association was a “dispute” subject to the alternate dispute
resolution procedures provided in section 718.1255, and therefore
Browning was required to petition for nonbinding arbitration
before filing a complaint in the trial court. But we hold that
Browning’s complaint does not allege a “dispute” within the
meaning of section 718.1255, and therefore Browning was not
required to submit his claim to arbitration as a condition
precedent to filing suit in the trial court....
...2d 217, 219 (Fla. 1984) (“When the language of
the statute is clear and unambiguous and conveys a clear and
definite meaning, . . . the statute must be given its plain and
obvious meaning.”). The language of this statute is clear and
unambiguous. Section 718.1255 requires that as a condition
precedent to filing an action in the trial court, a “dispute”
between a condominium owner and the board of the condominium
association must be submitted to nonbinding arbitration. §
718.1255(1), Fla....
...The statute defines a
“dispute” as a disagreement between two or more parties over the
authority of the board of directors to require an owner to take (or
not take) an action involving that owner’s unit or the authority of
the board to alter or add to a common area. § 718.1255(1)(a), Fla.
Stat. (2016). The definition of “dispute” also includes a challenge
to the governing body’s failure to properly conduct elections, to
give adequate notice of meetings, to properly conduct meetings,
and to allow inspection of its books. § 718.1255(1)(b), Fla....
...complex disagreements between unit owners and condominium
associations including title claims, interpretation or enforcement
of a warranty, fee assessments, evictions, breaches of fiduciary
duty, and claims for damages for failure to maintain common
areas. § 718.1255(1), Fla....
...Because
Browning’s complaint alleges a “breach of fiduciary duty by one
3
or more directors,” the disagreement between the parties does not
fall within the statutory definition of a “dispute” that must be
submitted to arbitration before filing suit. § 718.1255(1)(c), Fla.
Stat....
CopyPublished | Florida 4th District Court of Appeal
...P.A.,
Miami, for appellees.
GERBER, J.
We affirm without discussion the circuit court’s order granting
appellees’ motion to dismiss count 1 of appellants’ complaint and referring
that count to mandatory nonbinding arbitration pursuant to section
718.1255, Florida Statutes (2019). See § 718.1255(4)(a), Fla....
...(2019)
(“Prior to the institution of court litigation, a party to a dispute shall petition
the [D]ivision [of Florida Condominiums, Timeshares, and Mobile Homes
of the Department of Business and Professional Regulation] for nonbinding
arbitration.”) (emphasis added); § 718.1255(1)(b)2.-3., Fla....
...written order inadvertently
referred both counts of appellants’ complaint to mandatory nonbinding
arbitration – contrary to appellees’ hearing concession that count 2 of the
appellants’ complaint does not allege a “dispute” as defined in section
718.1255(1) and, therefore, is not subject to mandatory nonbinding
arbitration under section 718.1255 – we remand for the circuit court to
enter a new written order, limiting its disposition of appellees’ motion to
dismiss to only count 1 of appellants’ complaint.
We further observe that, although the parties fully argued a...
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 10067, 2005 WL 1523220
...After non-binding arbitration and a request by the owner for a trial de novo, the trial court granted the association’s motion for summary judgment. We reverse for a trial de novo. The association petitioned for mandatory non-binding arbitration under section 718.1255(4)(a), Florida Statutes (2002) and the arbitrator ruled in favor of the association, requiring the owner to remove the air conditioner. The owner then timely petitioned for a trial de novo in the circuit court under section 718.1255(4)(k)....
...d, and the owner has appealed, arguing there are issues of fact. The association recognizes that there were conflicting affidavits on material issues of fact, but contends that the arbitrator resolved these factual issues against the owner. Although section 718.1255(4) provides that the final decision of the arbitrator is admissible in the circuit court trial de novo, the association has cited no authority which would authorize the circuit court to grant a summary judgment where there were material issues of fact....
CopyPublished | Florida 4th District Court of Appeal
...Trapani, P.A., Cooper City,
for appellant.
Robert E. Menje of Robert E. Menje, PLLC, Pembroke Pines, for
appellee.
DAMOORGIAN, J.
This is an appeal from a final judgment awarding International Village
Association, Inc. (“the Association”) attorney’s fees and costs under section
718.1255(4), Florida Statutes (2016)....
...In 2015, Ilan Weiss (“the Unit Owner”) brought several claims against
the Association relating to its former president’s actions. All but one of
the claims were settled. The remaining claim proceeded to mandatory
non-binding arbitration pursuant to section 718.1255(4)(a), Florida
Statutes (2016)....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 10467, 2016 WL 3653515
...In addition, Winding Wood claimed for the first
time (as a meritorious defense) that the trial court lacked subject matter jurisdiction over
Count Four seeking injunctive relief because Ms. Walls was required to submit that
claim to arbitration under section 718.1255(4)(a), Florida Statutes (2014), and to provide
it with prearbitration notice in accordance with section 718.1255(4)(b)(1), (3).
The trial court conducted a hearing on Ms....
...to Dismiss/Stay based on Subject Matter Jurisdiction" after the trial court had denied its
motion to set aside default. As discussed below, Winding Wood's arguments asserting
additional grounds to set aside the default in this motion were untimely. Moreover,
section 718.1255 does not apply to Ms. Walls' claim for equitable relief because her
demand that Winding Wood repair a common area does not relate to a "dispute" within
the meaning of the statute. See § 718.1255(1).
-6-
to seek a default....
CopyPublished | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 9166, 2001 WL 746733
...int against the condominium association. We reverse. On appeal, plaintiffs argue that the court erred in ruling that the lawsuit challenging the association’s authority to levy a special assessment is a dispute subject to nonbinding arbitration. 1 Section
718.1255(4)(a), Florida Statutes (1999), provides that a unit owner must submit certain disputes with the association to nonbinding arbitration before bringing an action in court. Here, the clear and unambiguous language of section
718.1255(1), defining “disputes,” shows that the complaint at issue falls outside those “disputes” subject to nonbinding arbitration under the statute. See Blum v. Tamarac Fairways Ass’n Inc.,
684 So.2d 826 (Fla. 4th DCA 1996)(clear and unambiguous language of section
718.1255 defining “disputes” must be given its plain and obvious meaning), receded from on other grounds by Neate v. Cypress Club Condo., Inc.,
718 So.2d 390 (Fla. 4th DCA 1998), review dismissed,
727 So.2d 908 (Fla.1999). Plaintiffs correctly rely on the portion of section
718.1255(1) providing that “ ‘dispute’ does not include any disagreement that primarily involves: ......
CopyPublished | Florida 4th District Court of Appeal
...to pay $500 to appellees and to “immediately make available all the official
records requested.” The order also found appellees to be the prevailing
party for attorney’s fees and costs.
In response, the Association filed a “Complaint for Trial De Novo”
pursuant to section 718.1255, Florida Statutes (2019), seeking a trial de
novo of the underlying arbitration summary final order....
...ney’s fees. In addition,
appellees had to file several motions to enforce the trial court’s orders
because the Association continued to obstruct access to the documents.
The trial court allowed these fees. The Association contends on appeal
that section 718.1255(4)(l), Florida Statutes (2023), the applicable
statutory authority for attorney’s fees, does not allow for post-judgment
fees.
7
Section 718.1255(4)(l) states:
The party who files a complaint for a trial de novo shall be
assessed the other party’s arbitration costs, court costs, and
other reasonable costs, including attorney fees, investigation...
...upon the trial de novo is not more favorable than the
arbitration decision. If the judgment is more favorable, the
party who filed a complaint for trial de novo shall be awarded
reasonable court costs and attorney fees.
Id.
Section
718.1255(4)(l) requires the assessment of attorney’s fees on a
trial de novo from an arbitration order “incurred after the arbitration
hearing.” While the award to the party not requesting trial de novo is
dependent upon the judgment not being more favorable than the
arbitration decision, section
718.1255(4)(l) does not state that attorney’s
fees are awardable only up to the issuance of the judgment, as the
Association argues. Because all of the fees sought by appellees were
incurred after the arbitration hearing and in the proceeding of a trial de
novo, section
718.1255(4)(l) authorizes an award to include them.
Moreover, section
718.1255(4)(l) must be interpreted in pari materia
with the surrounding statutes. See Fla. Dep’t of State v. Martin,
916 So.
2d 763, 768 (Fla. 2005). Section
718.1255(4)(m), the next subsection,
provides:
Any party to an arbitration proceeding may enforce an
arbitration award by filing a petition in a court of competent
jurisdiction in which the condominium is located . . . . If the
petition for enforcement is granted, the petitioner shall recover
reasonable attorney fees and costs incurred in enforcing the
arbitration award.
§
718.1255(4)(m), Fla....
... As to the time spent litigating fee entitlement, the trial court correctly
awarded post-judgment time for appellees’ attorney’s fees and costs to
address the Association’s continued assertion after the final judgment that
it was entitled to fees pursuant to section 718.1255....
...Ass’n,
Inc. v. Weiss,
341 So. 3d 349, 350–51 (Fla. 4th DCA 2022) (noting as well
established that a party may recover attorney’s fees for time establishing
entitlement to fees when addressing the award of fees based on a different
sub-section of section
718.1255, and finding fees should be awarded
because “the Unit Owner continued to challenge the issue of entitlement
after entry of the agreed order stipulating the Association was entitled to
attorney’s fees”); see also State Farm Fire & Cas....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 60, 1995 WL 2925
...ts and attorney’s fees “upon written motion and a duly noticed hearing.” A notice of appeal was filed addressed to this final judgment. 1 *829 We find no merit in Kittel-Glass’s first point relating to a necessity for arbitration pursuant to section 718.1255, Florida Statutes, which became effective April 1, 1992....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 4, 2011 WL 13711
...receive appropriate notice as the owners of the record at the time of the purported ‘special meeting.’ ” The Association, in turn, filed a motion to dismiss the complaint because the Unit Owners failed to first seek arbitration as required by section 718.1255. The trial court denied the motion. Section 718.1255(4)(a), Florida Statutes, requires that “[pjrior to the institution of court litigation, a party to a dispute shall petition the [Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business] for nonbinding arbitration.” § 718.1255(4)(a), Fla....
...“dispute” means any disagreement between two or more parties that involves: [[Image here]] (b) The failure of a governing body, when required by this chapter or an association document to: [[Image here]] *529 2. Give adequate notice of meetings or other actions. § 718.1255(l)(b)(2), Fla. Stat. (2009). Under the facts of this case, we agree with the Association that the motion to dismiss should have been granted because the Unit Owners failed to comply with the arbitration requirement of section 718.1255....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 62, 2007 WL 5714
...The complaint also sought “benefit of bargain” damages in the amount of $35,000. It requested attorney’s fees and costs pursuant to the bylaws. Defendant Kerr moved to dismiss the action for failure to comply with the arbitration provision of section 718.1255(4), Florida Statutes (2005)....
...The response did not specifically deny defendants’ claim that the agent was notified, but rather asserted that the issue of notice was a factual issue which could not be decided by a motion to dismiss. The trial court granted the motions to dismiss, without prejudice, “as this matter needs to be arbitrated pursuant to FS 718.1255.” The granting of a motion to dismiss is reviewed de novo....
...Ass’n,
847 So.2d 1070, 1073 (Fla. 4th DCA 2003). This principle defeats the defendants’ main argument that notice of the sale was given to the Association in accordance with the Declaration; this “fact” does not appear on the face of the complaint. In section
718.1255, Florida Statutes (2005), the Florida Legislature provided a non-binding arbitration mechanism for resolving most issues which arise between a condominium association and individual unit owners. The arbitrator’s decision in such proceedings becomes binding if the losing party does not file for a trial de novo in circuit court within thirty days. Further, it is admissible in evidence in the *812 event a trial de novo does occur. §
718.1255(4), Fla....
...4th DCA 1998). The primary issue in this appeal is whether this case involves a “dispute” or falls within the following statutory exclusion: “Dispute” does not include any disagreement that primarily involves: title to any unit or common element; ... § 718.1255(1), Fla....
CopyPublished | Florida 4th District Court of Appeal
...Smith of Katzman Chandler, Fort Lauderdale, for appellant.
Louis C. Arslanian, Hollywood, for appellees.
WARNER, J.
The trial court dismissed an action for injunction by a condominium
association against unit owners for lack of subject matter jurisdiction. The
court concluded that because section 718.1255, Florida Statutes (2017),
requires non-binding pre-suit arbitration in certain cases between
condominium associations and unit owners prior to filing suit, the court
lacked subject matter jurisdiction. We hold that section 718.1255 does
not deprive the circuit court of subject matter jurisdiction and reverse.
Aquarius Condominium Association, Inc. (“the association”) sued Boris
Goldberg and Carolyn Crooks (“the unit owners”) who are the co-trustees
for a trust that owns a unit in the Aquarius Condominium. Initially, as
provided in section 718.1255, the association filed a petition for
mandatory non-binding arbitration in the Department of Business and
Professional Regulation (DBPR), seeking to secure access to the unit for
maintenance and repairs....
...ers and
proceedings null and void. Initially, the court denied the unit owners’
motion to dismiss for lack of subject matter jurisdiction, stating: “Based
upon Sterling Condo. Ass’n, Inc. v. Herrera,
690 So. 2d 703 (Fla. 1997), the
court finds section
718.1255 is not jurisdictional.” The unit owners filed
a motion for rehearing, and the trial court granted that motion and
dismissed the case, ultimately concluding that the court lacked subject
matter jurisdiction.
This appeal follows....
...urisdiction over equitable matters,
and section
26.012(3) specifically provides that circuit courts “may issue
injunctions.” We agree that the circuit court has subject matter
jurisdiction under these statutes.
The unit owners contend that section
718.1255, Florida Statutes
(2017), precluded the court from exercising jurisdiction once it was
2
determined that there was no emergency which would permit abatement
of the already commenced arbitration. Section
718.1255 provides for non-
binding arbitration of certain disputes between condominium associations
and unit owners so as to offer “a more efficient, cost-effective option to
court litigation.” §
718.1255(3)(b), Fla. Stat. (2017). Section
718.1255(4)
provides:
(a) Prior to the institution of court litigation, a party to a
dispute shall petition the division for nonbinding arbitration.
...
...
(c) Upon receipt, the petition shall be promptly...
...The parties litigated in
circuit court, which entered a final summary judgment for the association.
Id. The unit owner then filed a motion for rehearing arguing that the court
lacked subject matter jurisdiction because the association had failed to
comply with the mandatory non-binding arbitration provisions of section
718.1255, Florida Statutes (1993) (statute is essentially the same as the
current statute). Id. The trial court granted the motion, vacated the final
summary judgment, ordered the parties to comply with section 718.1255,
and stayed any further proceedings pending the completion of arbitration.
Id. On appeal, the Third District held that section 718.1255 was not
jurisdictional, noting that the statute “explains that ‘nothing in this
provision shall be construed to foreclose parties from proceeding in a trial
de novo.’” Id....
... and by actively participating in the litigation in circuit court for over two
years before . . . [seeking] arbitration.” Id. at 705.
In Neate v. Cypress Club Condominium, Inc.,
718 So. 2d 390 (Fla. 4th
DCA 1998), we established that the arbitration provided in section
718.1255 created a condition precedent to filing an action in court....
...Compliance with a condition precedent may be waived by a
defendant. See City of Pembroke Pines v. Atlas,
474 So. 2d 237, 238 (Fla.
4th DCA 1985).
Thus, the trial court had subject matter jurisdiction of the case. Non-
binding arbitration pursuant to section
718.1255 was a condition
precedent to the filing of suit, not a matter of jurisdiction....
...The
arbitrator granted its motion to abate to pursue emergency relief, and the
association filed its complaint for injunction. The parties proceeded to
litigate in the circuit court. The unit owners filed an answer and
affirmative defenses but did not raise the failure to arbitrate pursuant to
section 718.1255, nor did they request that the court abate the suit to
return the parties to the previously invoked arbitration proceeding....
CopyPublished | Florida 3rd District Court of Appeal | 2017 WL 362543, 2017 Fla. App. LEXIS 732
...alleging (1) “selective enforcement” of the flooring restrictions and (2) an alleged
approval of the laminated flooring by the president of the Association. The Owner
assumed the burden of proof as to each of these issues. The trial court found the
2 § 718.1255(4), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 653, 2016 WL 229572
...engage in a rigorous presuit investigation and discovery process. §§
766.203 - .206,
Fla. Stat. (2014). In the condominium context, the Legislature has mandated that the
parties engage in an alternative dispute resolution process before seeking trial court
relief. §
718.1255 (4), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...complaint alleging counts for civil conspiracy, violation of section
718.303,
Florida Statutes, breach of fiduciary duty, and fraud. They argue that
dismissal of the complaint is required because the counts it frames constitute
disputes within the meaning of section
718.1255(1)(c), Florida Statutes, and
Appellees failed to timely initiate mandatory non-binding arbitration, as
required by sections
718.117(16) and
718.1255(4), Florida Statutes, prior to
filing of this action....
...See also CWELT-2008 Series 1045 LLC
v. Park Gardens Ass’n,
305 So. 3d 618, 619 (Fla. 3d DCA 2020) (stating that
court had jurisdiction to review denial of motion to dismiss counterclaim for
failure to comply with mandatory arbitration provision of section
718.1255(4))....
...3d at 1266 (quoting §
718.117(16)).
However, because careful review of the complaint before us revealed
allegations involving disagreements which, at least arguably, do not fall
within the statutory definition of a dispute that is subject to mandatory non-
binding arbitration pursuant to section
718.1255(1), we find that a dismissal
of this action is not warranted at this juncture....
CopyPublished | Florida 1st District Court of Appeal
...engage in a rigorous presuit investigation and discovery
process. §§
766.203-.206, Fla. Stat. (2014). In the
condominium context, the Legislature has mandated that
the parties engage in an alternative dispute resolution
process before seeking trial court relief. §
718.1255(4),
Fla....
CopyPublished | Florida 4th District Court of Appeal
...summary judgment because the statements were not under oath nor were the
statements responses to requests for admission. The Association did not provide
its own affidavit stating that the tenant had not been approved.
3
pursuant to section
718.1255(4)(a), Florida Statutes (2015). They rely on
Blum v. Tamarac Fairways Ass’n, Inc.,
684 So. 2d 826 (Fla. 4th DCA 1996),
but that case was decided prior to the statute being amended to specifically
exclude tenant removal actions from its orbit. See §
718.1255(1)(c), Fla.
Stat....
CopyPublished | Florida 4th District Court of Appeal
...We affirm without discussion the circuit court’s order granting
appellees’ motion to dismiss appellants’ complaint’s count 1 paragraph
34(a) regarding the 2012 amendment’s validity and referring that claim to
mandatory nonbinding arbitration pursuant to section 718.1255, Florida
Statutes (2019). See § 718.1255(4)(a), Fla....
...(2019) (“Prior to the
institution of court litigation, a party to a dispute shall petition the [D]ivision
[of Florida Condominiums, Timeshares, and Mobile Homes of the
Department of Business and Professional Regulation] for nonbinding
arbitration.”) (emphasis added); § 718.1255(1)(b)2.-3., Fla....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 3670, 1998 WL 158827
...ures had failed to comport with the requirements of section
718.112, Florida Statutes (1993). The appellants then filed a petition for mandatory nonbinding arbitration with the Division of Florida Land Sales, Condominium and Mobile Homes pursuant to section
718.1255, Florida Statutes (1993), for a *599 determination that the election was valid and that they were valid directors....
...This effectively mooted out count one of the association’s complaint. The appellants then filed an answer and affirmative defenses to the association’s complaint as well as a counterclaim seeking a trial de novo of the arbitrator’s rulings pursuant to section 718.1255, Florida Statutes....
...laration of condominium in the main action 1 and the appellants’ counterclaim actions. Thereafter, the association filed its motion, for an award of attorney’s fees and costs pursuant to the Declaration of Condominium and sections
718.303(1) and
718.1255(4)(d), Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 2017 WL 1494004, 2017 Fla. App. LEXIS 5755
...1 The Owners’ complaint against the Association in 2013 was filed after Ms.
Gonzalez first sought non-binding arbitration of the issues before the Department
of Professional Regulation, Division of Florida Land Sales, Condominiums, and
Mobile Homes, as required by section 718.1255(4), Florida Statutes (2013)....
...awarding the Association $9,150.00 in attorney’s fees and $488.25 in taxable
costs. The Owners’ appeal followed.
II. Analysis
The circuit court orders do not state a basis for the fee award. However, the
Association sought fees under three statutory provisions: section
718.1255(l),
Florida Statutes (2014) (fees for litigating after alternative dispute resolution);
section
718.303, Florida Statutes (2014) (fee award for prevailing party in action to
enforce Declaration); and section
57.105, Florida Statut...
...Based on our determination that the Owners
prevailed on the most significant issue in their case (eliminating the receiver’s
claimed right to vote on Association matters on behalf of the delinquent owners),
the award of taxable costs must be reversed as well.
A. Section 718.1255
The first provision, section 718.1255(l), specifies that the party who files a
complaint for a trial de novo (following the mandatory non-binding arbitration
procedure) shall be assessed the other party's arbitration costs, court costs, and
other reasonable costs (inc...
CopyPublished | Florida 3rd District Court of Appeal
...Civil Justice Law Firm, PA, and Ronnette Gleizer (Hallandale), for
appellants.
Blaxberg, Grayson, Kukoff & Forteza, P.A., and Gaspar Forteza and I.
Barry Blaxberg, for appellee.
Before FERNANDEZ, C.J., and SCALES and MILLER, JJ.
PER CURIAM.
Affirmed. See § 718.1255(4)(k), Fla....
...Levine,
736 So. 2d 1235, 1238 (Fla. 4th DCA 1999) (holding that
the failure to timely request a trial de novo renders an arbitration decision
final and binding); Neate v. Cypress Club Condo.,
718 So. 2d 390, 393 (Fla.
4th DCA 1998) (holding pursuant to section
718.1255 that, even when an
action has been stayed to allow arbitration to be conducted, after the
arbitration results, the party who does not accept the arbitrator’s decision
must still file a new complaint in court for a trial de novo...
