I’m fighting with my condominium board of directors, but I can’t afford to sue. Is there a simpler resolution process? What can I do?
Q. I’m fighting with my condominium Board of Directors, but I can’t afford to sue. Is there a simpler resolution process? What can I do?
Q. Is there something I’m required to do before I sue my Condominium Association?
Q. Are there any special condominium processes for Condominium Associations where everyone is constantly fighting?
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ANSWER:
The State of Florida has an administrative agency — Division of Land Sales, Condominiums and Mobile Homes — which is part of the Department of Business and Professional Regulation (www.myflorida.com/dbpr/lsc), and which has several alternatives to assist condominium owners, as well as Boards of Directors, in finding resolutions to their disputes. The alternatives can be pursued with or without a lawyer.
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Complaint — You can file a complaint against your Condominium Association, if you feel they are breaking or not following the condominium law.
- Petition for Declaratory Statement — If you have an argument over what the law means, or how it applies to a particular controversy at your condo, you can ask the Division to interpret the law and apply it to your facts.
- Mandatory Non-binding Arbitration — Arbitration is like a mini-trial, where the arbitrator acts as a Judge and makes a decision. It is called non-binding because if you are unhappy with the decision, you can still insist on a trial, but there may be financial penalties for doing so. This is actually required before you can proceed with a lawsuit on certain types of disputes.
- Disputes which MUST be arbitrated include:
- Authority of Board
- Requires any owner to take, or not to take any action
- Alter or add to common area or element
- Failure of a governing Body to:
- Properly conduct elections
- Give adequate notice
- Properly conduct meetings
- Allow inspection of records
- The state does NOT arbitrate disputes that involve:
- Title to unit or common element
- Interpretation or enforcement of warranty
- Leverage of fee, assessment or collection of warranty
- Eviction or removal of tenant
- Alleged breaches of fiduciary duty by one or more directors
- Claims for damages to a unit based on alleged failure of association to maintain common element or condominium property.
4. MEDIATION – If the parties agree to do so, you can always turn arbitration into Mediation, which is settlement negotiation guided by a trained third- party.
For detailed information on these alternatives go to the State of Florida’s web site at www.myflorida.com/dbpr/lsc/index.shtml, where you can find and download instructions and forms on each process.
You can pursue any of these alternatives yourself or choose to have an attorney do them for you instead. In complex matters, it may be best to have legal counsel, or at a minimum, consult a Florida attorney before you go forward. The costs are generally far less than you would find in litigation or in private arbitration/mediation.
For assistance in handling condominium disputes contact us online or call 239-963-1791 or toll free 866-504-8981.
These are generalizations only! Consult a Florida attorney for specific advice. Our office [239 262-2874] serves Collier and Lee counties (includes Naples, Fort Myers, Bonita Springs, Marco Island, Cape Coral, Estero) and can sometimes assist in other geographic areas. March 2008
~ FLORIDA ONLY – January 2012~
