Arbitration of Disputes

Florida Condominium and Homeowners' Association Dispute Arbitration Attorney

Even though your association may be located on a little piece of Florida paradise, that doesn't mean that everything will be peaches and cream 100% of the time. Disputes often erupt that involve homeowners, association board members, and other parties.

At Glazer and Associates, P.A. our lawyers and support staff deal with these issues on a daily basis for condominium associations and homeowners' associations statewide. For over 12 years we have been dedicated to helping Florida condominium associations and homeowners' associations manage their legal affairs and resolve disputes in a smart, efficient manner.

Contact us today for help with arbitrating disputes, handling elections, collecting assessments, dealing with construction projects, construction contracts and more.

Florida Condominium Arbitration

The intended purpose of mandatory nonbinding arbitration is to provide quick, fair and cost-effective decisions when disputes arise within a condominium community. Arbitration provides parties involved in a dispute the opportunity to resolve their issues in good faith with the minimum of expenditure and resources.

The use of mandatory nonbinding arbitration is a relatively new method of dispute enforcement, and was designed to remove condominium association issues from the typical courtroom setting.

Subsequent to arbitration, either party may file for a trial de novo in the circuit court of the county in Florida where the condominium is located. Should the party filing a suit in court not obtain a more favorable outcome, that party becomes not only responsible for the other party’s attorney’s fees and costs in the litigation, but also for the other party’s original arbitration costs, including investigation costs and expense for expert testimony. However, if suit is not filed in court within thirty (30) days of the decision by an arbitrator, the decision then becomes final, binding on the parties and enforceable in the circuit court.

The Division of Florida Land Sales, Condominiums and Mobile Homes employs full-time attorneys to act as arbitrators to conduct the arbitration hearings No person may be employed by the department as a full-time arbitrator unless he or she is a member in good standing of the Florida Bar.

At the request of any party to the arbitration, the arbitrator may issue subpoenas for witness attendance and the production of books, records, documents and other evidence and any party on whose half a subpoena is issued may apply to the court for orders compelling such attendance and production of documents. Unlike litigation in a court of law, discovery is only allowed in the discretion of the arbitrator

Categories of disputes which are required to be submitted to nonbinding arbitration are any disagreement between two or more parties that involves:

(a) The authority of the board of directors, under Florida Statute 718 or association document to:

Require any owner to take any action, or not to take any action, involving that owner's unit or the appurtenances thereto
Alter or add to a common area or element

(b) The failure of a governing body, when required by Florida Statute 718 or an association document, to:

Properly conduct elections
Give adequate notice of meetings or other actions
Properly conduct meetings
Allow inspection of books and records

Disputes not subject to arbitration include any disagreement that primarily involves:

title to any unit or common element
the interpretation or enforcement of any warranty
the levy of a fee or assessment, or the collection of an assessment levied against a party
the eviction or other removal of a tenant from a unit
alleged breaches of fiduciary duty by one or more directors
claims for damages to a unit based upon the alleged failure of the association to maintain the common elements or condominium property

At Glazer & Associates, P.A., our Florida condominium arbitration lawyers have arbitrated many disputes that frequently arise in condominium communities.,

Contact us today to put the knowledge, experience, and persistent work ethic of a skilled arbitration attorney to work for your association.