The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.1255

718.1255 Alternative dispute resolution; mediation; nonbinding arbitration; applicability.—

¹(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. Require any owner to take any action, or not to take any action, involving that owner’s unit or the appurtenances thereto.

2. Alter or add to a common area or element.

(b) The failure of a governing body, when required by this chapter or an association document, to:

1. Properly conduct elections.

2. Give adequate notice of meetings or other actions.

3. Properly conduct meetings.

4. Allow inspection of books and records.

“Dispute” does not 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; or claims for damages to a unit based upon the alleged failure of the association to maintain the common elements or condominium property.

(2) MEDIATION.—Mediation through Citizen Dispute Settlement Centers as provided for in s. 44.201 is encouraged.

(3) LEGISLATIVE FINDINGS.—

(a) The Legislature finds that unit owners are frequently at a disadvantage when litigating against an association. Specifically, a condominium association, with its statutory assessment authority, is often more able to bear the costs and expenses of litigation than the unit owner who must rely on his or her own financial resources to satisfy the costs of litigation against the association.

(b) The Legislature finds that alternative dispute resolution has been making progress in reducing court dockets and trials and in offering a more efficient, cost-effective option to court litigation. However, the Legislature also finds that alternative dispute resolution should not be used as a mechanism to encourage the filing of frivolous or nuisance suits.

(c) There exists a need to develop a flexible means of alternative dispute resolution that directs disputes to the most efficient means of resolution.

(d) The high cost and significant delay of circuit court litigation faced by unit owners in the state can be alleviated by requiring nonbinding arbitration and mediation in appropriate cases, thereby reducing delay and attorney fees while preserving the right of either party to have its case heard by a jury, if applicable, in a court of law.

(4) NONBINDING ARBITRATION AND MEDIATION OF DISPUTES.—The Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation may employ full-time attorneys to act as arbitrators to conduct the arbitration hearings provided by this chapter. The division may also certify attorneys who are not employed by the division to act as arbitrators to conduct the arbitration hearings provided by this chapter. A person may not be employed by the department as a full-time arbitrator unless he or she is a member in good standing of The Florida Bar. A person may only be certified by the division to act as an arbitrator if he or she has been a member in good standing of The Florida Bar for at least 5 years and has mediated or arbitrated at least 10 disputes involving condominiums in this state during the 3 years immediately preceding the date of application, mediated or arbitrated at least 30 disputes in any subject area in this state during the 3 years immediately preceding the date of application, or attained board certification in real estate law or condominium and planned development law from The Florida Bar. Arbitrator certification is valid for 1 year. An arbitrator who does not maintain the minimum qualifications for initial certification may not have his or her certification renewed. The department may not enter into a legal services contract for an arbitration hearing under this chapter with an attorney who is not a certified arbitrator unless a certified arbitrator is not available within 50 miles of the dispute. The department shall adopt rules of procedure to govern such arbitration hearings including mediation incident thereto. The decision of an arbitrator is final; however, a decision is not deemed final agency action. Nothing in this provision shall be construed to foreclose parties from proceeding in a trial de novo unless the parties have agreed that the arbitration is binding. If judicial proceedings are initiated, the final decision of the arbitrator is admissible in evidence in the trial de novo.

(a) Before the institution of court litigation, a party to a dispute, other than an election or recall dispute, shall either petition the division for nonbinding arbitration or initiate presuit mediation as provided in subsection (5). Arbitration is binding on the parties if all parties in arbitration agree to be bound in a writing filed in arbitration. The petition must be accompanied by a filing fee in the amount of $50. Filing fees collected under this section must be used to defray the expenses of the alternative dispute resolution program.

(b) The petition must recite, and have attached thereto, supporting proof that the petitioner gave the respondents:

1. Advance written notice of the specific nature of the dispute;

2. A demand for relief, and a reasonable opportunity to comply or to provide the relief; and

3. Notice of the intention to file an arbitration petition or other legal action in the absence of a resolution of the dispute.

Failure to include the allegations or proof of compliance with these prerequisites requires dismissal of the petition without prejudice.

(c) Upon receipt, the petition shall be promptly reviewed by the division to determine the existence of a dispute and compliance with the requirements of paragraphs (a) and (b). If emergency relief is required and is not available through arbitration, a motion to stay the arbitration may be filed. The motion must be accompanied by a verified petition alleging facts that, if proven, would support entry of a temporary injunction, and if an appropriate motion and supporting papers are filed, the division may abate the arbitration pending a court hearing and disposition of a motion for temporary injunction.

(d) Upon determination by the division that a dispute exists and that the petition substantially meets the requirements of paragraphs (a) and (b) and any other applicable rules, the division shall assign or enter into a contract with an arbitrator and serve a copy of the petition upon all respondents. The arbitrator shall conduct a hearing within 30 days after being assigned or entering into a contract unless the petition is withdrawn or a continuance is granted for good cause shown.

(e) Before or after the filing of the respondents’ answer to the petition, any party may request that the arbitrator refer the case to mediation under this section and any rules adopted by the division. Upon receipt of a request for mediation, the division shall promptly contact the parties to determine if there is agreement that mediation would be appropriate. If all parties agree, the dispute must be referred to mediation. Notwithstanding a lack of an agreement by all parties, the arbitrator may refer a dispute to mediation at any time.

(f) Upon referral of a case to mediation, the parties must select a mutually acceptable mediator. To assist in the selection, the arbitrator shall provide the parties with a list of both volunteer and paid mediators that have been certified by the division under s. 718.501. If the parties are unable to agree on a mediator within the time allowed by the arbitrator, the arbitrator shall appoint a mediator from the list of certified mediators. If a case is referred to mediation, the parties shall attend a mediation conference, as scheduled by the parties and the mediator. If any party fails to attend a duly noticed mediation conference, without the permission or approval of the arbitrator or mediator, the arbitrator must impose sanctions against the party, including the striking of any pleadings filed, the entry of an order of dismissal or default if appropriate, and the award of costs and attorney fees incurred by the other parties. Unless otherwise agreed to by the parties or as provided by order of the arbitrator, a party is deemed to have appeared at a mediation conference by the physical presence of the party or its representative having full authority to settle without further consultation, provided that an association may comply by having one or more representatives present with full authority to negotiate a settlement and recommend that the board of administration ratify and approve such a settlement within 5 days from the date of the mediation conference. The parties shall share equally the expense of mediation, unless they agree otherwise.

(g) The purpose of mediation as provided for by this section is to present the parties with an opportunity to resolve the underlying dispute in good faith, and with a minimum expenditure of time and resources.

(h) Mediation proceedings must generally be conducted in accordance with the Florida Rules of Civil Procedure, and these proceedings are privileged and confidential to the same extent as court-ordered mediation. Persons who are not parties to the dispute are not allowed to attend the mediation conference without the consent of all parties, with the exception of counsel for the parties and corporate representatives designated to appear for a party. If the mediator declares an impasse after a mediation conference has been held, the arbitration proceeding terminates, unless all parties agree in writing to continue the arbitration proceeding, in which case the arbitrator’s decision shall be binding or nonbinding, as agreed upon by the parties; in the arbitration proceeding, the arbitrator shall not consider any evidence relating to the unsuccessful mediation except in a proceeding to impose sanctions for failure to appear at the mediation conference. If the parties do not agree to continue arbitration, the arbitrator shall enter an order of dismissal, and either party may institute a suit in a court of competent jurisdiction. The parties may seek to recover any costs and attorney fees incurred in connection with arbitration and mediation proceedings under this section as part of the costs and fees that may be recovered by the prevailing party in any subsequent litigation.

(i) Arbitration shall be conducted according to rules adopted by the division. The filing of a petition for arbitration shall toll the applicable statute of limitations.

(j) At the request of any party to the arbitration, the arbitrator shall issue subpoenas for the attendance of witnesses and the production of books, records, documents, and other evidence and any party on whose behalf a subpoena is issued may apply to the court for orders compelling such attendance and production. Subpoenas shall be served and shall be enforceable in the manner provided by the Florida Rules of Civil Procedure. Discovery may, in the discretion of the arbitrator, be permitted in the manner provided by the Florida Rules of Civil Procedure. Rules adopted by the division may authorize any reasonable sanctions except contempt for a violation of the arbitration procedural rules of the division or for the failure of a party to comply with a reasonable nonfinal order issued by an arbitrator which is not under judicial review.

(k) The arbitration decision shall be rendered within 30 days after the hearing and presented to the parties in writing. An arbitration decision is final in those disputes in which the parties have agreed to be bound. An arbitration decision is also final if a complaint for a trial de novo is not filed in a court of competent jurisdiction in which the condominium is located within 30 days. The right to file for a trial de novo entitles the parties to file a complaint in the appropriate trial court for a judicial resolution of the dispute. The prevailing party in an arbitration proceeding shall be awarded the costs of the arbitration and reasonable attorney fees in an amount determined by the arbitrator. Such an award shall include the costs and reasonable attorney fees incurred in the arbitration proceeding as well as the costs and reasonable attorney fees incurred in preparing for and attending any scheduled mediation. An arbitrator’s failure to render a written decision within 30 days after the hearing may result in the cancellation of his or her arbitration certification.

(l) 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 expenses, and expenses for expert or other testimony or evidence incurred after the arbitration hearing if the judgment 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.

(m) 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. A petition may not be granted unless the time for appeal by the filing of a complaint for trial de novo has expired. If a complaint for a trial de novo has been filed, a petition may not be granted with respect to an arbitration award that has been stayed. If the petition for enforcement is granted, the petitioner shall recover reasonable attorney fees and costs incurred in enforcing the arbitration award. A mediation settlement may also be enforced through the county or circuit court, as applicable, and any costs and fees incurred in the enforcement of a settlement agreement reached at mediation must be awarded to the prevailing party in any enforcement action.

¹(5) PRESUIT MEDIATION.—In lieu of the initiation of nonbinding arbitration as provided in subsections (1)-(4), a party may submit a dispute to presuit mediation in accordance with s. 720.311; however, election and recall disputes are not eligible for mediation and such disputes must be arbitrated by the division or filed in a court of competent jurisdiction.

(6) DISPUTES INVOLVING ELECTION IRREGULARITIES.—Every arbitration petition received by the division and required to be filed under this section challenging the legality of the election of any director of the board of administration must be handled on an expedited basis in the manner provided by the division’s rules for recall arbitration disputes.

(7) APPLICABILITY.—This section does not apply to a nonresidential condominium unless otherwise specifically provided for in the declaration of the nonresidential condominium.

History.—s. 4, ch. 82-199; s. 4, ch. 85-60; s. 10, ch. 91-103; s. 5, ch. 91-426; s. 7, ch. 92-49; s. 232, ch. 94-218; s. 12, ch. 94-350; s. 37, ch. 95-274; s. 859, ch. 97-102; s. 2, ch. 97-301; s. 12, ch. 2002-27; s. 14, ch. 2008-28; s. 47, ch. 2008-240; s. 3, ch. 2014-74; s. 2, ch. 2015-175; s. 4, ch. 2017-188; s. 8, ch. 2021-99; s. 7, ch. 2023-203.

¹Note.—Section 7, ch. 2023-203, added paragraph (1)(d) and amended subsection (5), effective July 1, 2027, to read:

(d) The failure of a board of administration, when required by this chapter or an association document, to:

1. Obtain the milestone inspection required under s. 553.899.

2. Obtain a structural integrity reserve study required under s. 718.112(2)(g).

3. Fund reserves as required for an item identified in s. 718.112(2)(g).

4. Make or provide necessary maintenance or repairs of condominium property recommended by a milestone inspection or a structural integrity reserve study.

* * * * *

(5) PRESUIT MEDIATION.—In lieu of the initiation of nonbinding arbitration as provided in subsections (1)-(4), a party may submit a dispute to presuit mediation in accordance with s. 720.311; however, election and recall disputes are not eligible for mediation and such disputes must be arbitrated by the division or filed in a court of competent jurisdiction. Disputes identified in paragraph (1)(d) are not subject to nonbinding arbitration under subsection (4) and must be submitted to presuit mediation in accordance with s. 720.311.

F.S. 718.1255 on Google Scholar

F.S. 718.1255 on Casetext

Amendments to 718.1255

Arrestable Offenses / Crimes under Fla. Stat. 718.1255

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.1255.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DYCK- O NEAL, INC. v. LANHAM,, 264 So. 3d 1115 (Fla. App. Ct. 2019)

. . . . § 718.1255(4), Fla. Stat. (2014). The Legislature knows how to create a condition precedent. . . .

PALISADES OWNERS ASSOCIATION, INC. v. F. BROWNING,, 247 So. 3d 589 (Fla. App. Ct. 2018)

. . . arguing that Browning was required to submit his claim to nonbinding arbitration pursuant to section 718.1255 . . . But we hold that Browning's complaint does not allege a "dispute" within the meaning of section 718.1255 . . . Section 718.1255 requires that as a condition precedent to filing an action in the trial court, a "dispute . . . action involving that owner's unit or the authority of the board to alter or add to a common area. § 718.1255 . . . adequate notice of meetings, to properly conduct meetings, and to allow inspection of its books. § 718.1255 . . .

GONZALEZ v. INTERNATIONAL PARK CONDOMINIUM I ASSOCIATION, INC., 217 So. 3d 1128 (Fla. Dist. Ct. App. 2017)

. . . However, the Association sought fees under three statutory provisions: section 718.1255(1), Florida Statutes . . . Section 718.1255 The first provision, section 718.1255(1), specifies that the party who files a complaint . . . Regulation, Division of Florida Land Sales, Condominiums, and Mobile Homes, as required by section 718.1255 . . .

LAGUNA TROPICAL, a v. BARNAVE,, 208 So. 3d 1262 (Fla. Dist. Ct. App. 2017)

. . . . § 718.1255(4), Fla. Stat. (2013). . . .

WINDING WOOD CONDOMINIUM VI ASSOCIATION, INC. a v. WALLS,, 196 So. 3d 489 (Fla. Dist. Ct. App. 2016)

. . . 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)(l) . . . Moreover, section 718.1255 does not apply to Ms. . . . See § 718.1255(1). . . .

BRINDISE v. U. S. BANK NATIONAL ASSOCIATION,, 183 So. 3d 1215 (Fla. Dist. Ct. App. 2016)

. . . . § 718.1255(4), Fla. Stat. (2014).' The Legislature knows how to create a condition precedent. . . .

FLORIDA BAR ADVISORY OPINION- ACTIVITIES OF COMMUNITY ASSOCIATION MANAGERS, 177 So. 3d 941 (Fla. 2015)

. . . Drafting of pre-arbitration demand letters required by 718.1255, Fla. Stat.; 11. . . . constitute the unlicensed practice of law. 10.Drafting of pre-arbitration demand letters required by 718.1255 . . . Stat.; Under Section 718.1255, Fla. . . .

STATE FARM FLORIDA INSURANCE COMPANY, v. BUITRAGO, 100 So. 3d 85 (Fla. Dist. Ct. App. 2012)

. . . .2d 1029, 1030 (Fla. 2d DCA 1997) (approving the utilization of condominium arbitration under section 718.1255 . . .

INTRACOASTAL POINT CONDOMINIUM ASSOCIATION, a v. HOROWITZ,, 54 So. 3d 528 (Fla. Dist. Ct. App. 2011)

. . . dismiss the complaint because the Unit Owners failed to first seek arbitration as required by section 718.1255 . . . Section 718.1255(4)(a), Florida Statutes, requires that “[pjrior to the institution of court litigation . . . Condominiums, Timeshares, and Mobile Homes of the Department of Business] for nonbinding arbitration.” § 718.1255 . . . Give adequate notice of meetings or other actions. § 718.1255(l)(b)(2), Fla. Stat. (2009). . . . have been granted because the Unit Owners failed to comply with the arbitration requirement of section 718.1255 . . . Upon remand, the trial court should dismiss the action without prejudice to comply with section 718.1255 . . .

GOMEZ, T. Jr. A. C. E. v. FRADIN,, 41 So. 3d 1068 (Fla. Dist. Ct. App. 2010)

. . . VII were dismissed by the trial court on the basis that the claims were “disputes” as defined by § 718.1255 . . . Section 718.1255(4)(a), Florida Statutes provides that as a condition precedent to court litigation, . . . See § 718.1255(1), Fla. Stat. (2009). . . . receded from on other grounds by Neate, 718 So.2d at 390 (“The nonbinding arbitration required by section 718.1255 . . .

BEACH TERRACE ASSOCIATION, INC. a v. WANDA DiPAOLA STEPHEN RINKO GENERAL PARTNERSHIP,, 27 So. 3d 147 (Fla. Dist. Ct. App. 2010)

. . . court’s ruling that it was not entitled to an award of attorney’s fees pursuant to sections 718.303 and 718.1255 . . . DiPaola, a condominium owner, originally filed a petition for nonbinding arbitration pursuant to section 718.1255 . . . against the Association in circuit court for trial de novo on the same issues, pursuant to section 718.1255 . . . 2008, the circuit court determined that DiPaola was entitled to attorney’s fees pursuant to section 718.1255 . . .

NINE ISLAND AVENUE CONDOMINIUM ASSOCIATION, INC. v. SIEGEL,, 23 So. 3d 1248 (Fla. Dist. Ct. App. 2009)

. . . 5, 2008, the Association filed a verified petition for non-binding arbitration, pursuant to section 718.1255 . . . Pursuant to section 718.1255(4)(k), Florida Statutes (2009), the prevailing party in the arbitration . . .

MITCHELL, v. BEACH CLUB OF HALLANDALE CONDOMINIUM ASSOCIATION, INC., 17 So. 3d 1265 (Fla. Dist. Ct. App. 2009)

. . . See § 718.1255(l)(b), (4)(a), Fla. Stat. (2008). . . .

McGREGOR, G. v. OCEAN HARBOUR OF ISLAMORADO CONDOMINIUM ASSOCIATION, INC., 955 So. 2d 31 (Fla. Dist. Ct. App. 2007)

. . . See § 718.1255(4)(k), Fla. Stat. (2006); Fla. Admin. Code R. 61B-45.043(7). . . .

HABITAT II CONDOMINIUM, INC. a v. KERR, J., 948 So. 2d 809 (Fla. Dist. Ct. App. 2007)

. . . Defendant Kerr moved to dismiss the action for failure to comply with the arbitration provision of section 718.1255 . . . granted the motions to dismiss, without prejudice, “as this matter needs to be arbitrated pursuant to FS 718.1255 . . . In section 718.1255, Florida Statutes (2005), the Florida Legislature provided a non-binding arbitration . . . Further, it is admissible in evidence in the event a trial de novo does occur. § 718.1255(4), Fla. . . . does not include any disagreement that primarily involves: title to any unit or common element; ... § 718.1255 . . .

UNITED GRAND CONDOMINIUM OWNERS, INC. v. GRAND CONDOMINIUM ASSOCIATION, INC., 929 So. 2d 24 (Fla. Dist. Ct. App. 2006)

. . . Land Sales, Condominiums and Mobile Homes [the Agency] for non-binding arbitration pursuant to section 718.1255 . . . Section 718.1255(4)(a), Florida Statutes (2004), requires that “[p]rior to the institution of court litigation . . . any action, or not to take any action, involving that owner’s unit or the appurtenances thereto.” § 718.1255 . . . We, therefore, affirm the trial court’s denial of the motion to dismiss finding that Section 718.1255 . . .

DAVIS, v. CONDOMINIUM ASSOCIATION OF PLAZA TOWERS SOUTH, INC. a, 904 So. 2d 655 (Fla. Dist. Ct. App. 2005)

. . . The association petitioned for mandatory non-binding arbitration under section 718.1255(4)(a), Florida . . . The owner then timely petitioned for a trial de novo in the circuit court under section 718.1255(4)(k . . . Although section 718.1255(4) provides that the final decision of the arbitrator is admissible in the . . .

BACON FAMILY PARTNERS, L. P. a v. APOLLO CONDOMINIUM ASSOCIATION, INC. a, 852 So. 2d 882 (Fla. Dist. Ct. App. 2003)

. . . The case was not referred to mandatory nonbinding arbitration pursuant to section 718.1255, Florida Statutes . . . Such disputes are not eligible for arbitration under section 718.1255 pursuant to Florida Administrative . . .

NATIONAL VENTURES, INC. v. WATER GLADES CONDOMINIUM ASSOCIATION, a, 847 So. 2d 1070 (Fla. Dist. Ct. App. 2003)

. . . Section 718.1255 requires that certain disputes involving unit owners and condo associations be submitted . . . counts of National Ventures’s second amended complaint based on the thirty-day provision of section 718.1255 . . . Ass’n, Inc., 719 So.2d 951, 953 (Fla. 4th DCA 1998)(finding section 718.1255 precluded arbitration of . . . However, because the claims were not subject to arbitration under section 718.1255, the parties were . . . Pursuant to the legislature's 1997 amendment of section 718.1255, this requirement is now under subsection . . .

CLIPPER, v. BAY OAKS CONDOMINIUM ASSOCIATION, INC., 810 So. 2d 541 (Fla. Dist. Ct. App. 2002)

. . . See § 718.1255(4)(a), Fla. . . .

VILLORIN v. VILLAGE OF KINGS CREEK CONDOMINIUM ASSOCIATION, INC. a, 789 So. 2d 1157 (Fla. Dist. Ct. App. 2001)

. . . Section 718.1255(4)(a), Florida Statutes (1999), provides that a unit owner must submit certain disputes . . . Here, the clear and unambiguous language of section 718.1255(1), defining “disputes,” shows that the . . . Tamarac Fairways Ass’n Inc., 684 So.2d 826 (Fla. 4th DCA 1996)(clear and unambiguous language of section 718.1255 . . . Plaintiffs correctly rely on the portion of section 718.1255(1) providing that “ ‘dispute’ does not include . . .

FLORIDA TOWER CONDOMINIUM, INC. v. MINDES,, 770 So. 2d 210 (Fla. Dist. Ct. App. 2000)

. . . denied, 727 So.2d 903 (Fla.1998), is not subject to the nonbinding arbitration provisions of section 718.1255 . . . We agree. § 718.1255(1), Fla. . . .

C. W. HUFF, III v. VILLAGE OF STUART ASSOCIATION, INC., 741 So. 2d 1217 (Fla. Dist. Ct. App. 1999)

. . . That action was abated so that the parties could arbitrate pursuant to section 718.1255, Florida Statutes . . . under the prevailing parties’ attorney’s fee provision in the declaration of condominium or section 718.1255 . . . Section 718.1255(4)(d) provided in part: The party who files a complaint for a trial de novo shall be . . . We read the next sentence of section 718.1255(4)(d) as providing that the party who seeks a trial de . . . Section 718.1255(4)(k). . . . .

NEATE, v. CYPRESS CLUB CONDOMINIUM, INC. a, 718 So. 2d 390 (Fla. Dist. Ct. App. 1998)

. . . Accordingly it rewrote section 718.1255. See Ch. 91-103, § 10, at 739, Laws of Fla. . . . There is no similar provision in section 718.1255 providing for such stays. . . . DELL, J., recused. . § 718.1255 Fla. Stat. (1989). . . . . See Ch. 97-301, § 2, at 5425, 5427, Laws of Fla., and § 718.1255(4)(a) and (k), Fla. . . . Stat. (1997). .See § 718.1255(4)(k), Fla. . . .

RUFFIN, v. KINGSWOOD E. CONDOMINIUM ASSOCIATION, INC., 719 So. 2d 951 (Fla. Dist. Ct. App. 1998)

. . . (“Association”), brought an arbitration proceeding under section 718.1255, Florida Statutes (1995), against . . . In accordance with section 718.1255(4)(k), within thirty days of the arbitrator’s decision, appellant . . . filing for a trial de novo, the order would be subject to enforcement proceedings pursuant to section 718.1255 . . . Section 718.1255(1) provides, in pertinent part: (1) DEFINITIONS. — As used in this section, the term . . . See § 718.1255(3), Fla. Stat.; Carlandia Corp. v. . . .

CLARK, v. C. ENGLAND,, 715 So. 2d 365 (Fla. Dist. Ct. App. 1998)

. . . Appellants filed a motion for arbitration and for stay pursuant to section 718.1255, Florida Statutes . . . 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 . . . Section 718.1255 applies only to disputes between a unit owner and a condominium association. Fla. . . . Tamarac Fairways Ass’n, Inc., 684 So.2d 826, 827 (Fla. 4th DCA 1996) (section 718.1255(4)(a), Florida . . .

H. BROWN, v. G. RICE A., 716 So. 2d 807 (Fla. Dist. Ct. App. 1998)

. . . arbitrated the dispute pursuant to rule 61B-45.013(1) of the Florida Administrative Code and section 718.1255 . . . Department’s adverse ruling, Brown sought a trial de novo in the circuit court pursuant to section 718.1255 . . . that (1) the state did not have jurisdiction to compel Brown and Rice to arbitrate pursuant to section 718.1255 . . .

CUERVO, J. v. WEST LAKE VILLAGE II CONDOMINIUM ASSOCIATION, INC. a, 709 So. 2d 598 (Fla. Dist. Ct. App. 1998)

. . . arbitration with the Division of Florida Land Sales, Condominium and Mobile Homes pursuant to section 718.1255 . . . complaint as well as a counterclaim seeking a trial de novo of the arbitrator’s rulings pursuant to section 718.1255 . . . of attorney’s fees and costs pursuant to the Declaration of Condominium and sections 718.303(1) and 718.1255 . . .

SUMMIT TOWERS CONDOMINIUM ASSOCIATION, INC. R. B. v. COREN,, 707 So. 2d 416 (Fla. Dist. Ct. App. 1998)

. . . We agree with Appellant and remand for entry of a stay pending arbitration under section 718.1255(4)( . . . See § 718.1255(l)(a), Fla. Stat. (1995). . . . See § 718.1255(1), Fla. Stat. (1997). . . .

CYPRESS BEND CONDOMINIUM I ASSOCIATION, INC. v. DEXNER,, 705 So. 2d 681 (Fla. Dist. Ct. App. 1998)

. . . entry of an adverse arbitration order, Dexner filed suit seeking a trial de novo pursuant to section 718.1255 . . . Adm.Code R. 61B-45.043(2) (1997) and section 718.1255(4)(c), and that the circuit court was without jurisdiction . . . Because we find the thirty-day requirement of subsections 61B-45.043(2) and 718.1255(4)(e) to be a jurisdictional . . . precondition to bringing suit under section 718.1255, we believe the circuit court exceeded its jurisdiction . . .

CARLANDIA CORPORATION, a v. OBERNAUER,, 695 So. 2d 408 (Fla. Dist. Ct. App. 1997)

. . . The question posed in this case is whether section 718.1255, Florida Statutes (Supp. 1992), requires . . . Section 718.1255(4)(a) mandates that the parties to a “dispute” submit to nonbinding arbitration prior . . . Section 718.1255(1) defines a “dispute” as any disagreement between two or more parties that involves . . . A “warranty” under section 718.1255(1) includes those enumerated in section 718.203. . . . The legislature did not require arbitration in all types of condominium disputes; section 718.1255(1) . . .

KAHN v. VILLAS AT EAGLES POINT CONDOMINIUM ASSOCIATION, INC., 693 So. 2d 1029 (Fla. Dist. Ct. App. 1997)

. . . Richard Kahn appeal the trial court’s final judgment following a trial de novo pursuant to section 718.1255 . . . Association first arose, the matter was referred to mandatory nonbinding arbitration pursuant to section 718.1255 . . . The Kahns then filed this action in circuit court requesting a trial de novo under section 718.1255(4 . . . Compare § 718.1255(4)(c), Fla. Stat. (Supp.1994) with § 681.1095, Fla. Stat. (1995). . . . Section 718.1255(4) expressly provides that the final decision of the arbitrator shall be admissible . . .

STERLING CONDOMINIUM ASSOCIATION, INC. v. HERRERA,, 690 So. 2d 703 (Fla. Dist. Ct. App. 1997)

. . . because Sterling had failed to comply with the mandatory nonbinding arbitration provisions of section 718.1255 . . . motion for rehearing, vacating final summary judgment, ordering the parties to comply with section 718.1255 . . . Section 718.1255(4)(a) requires that “[p]rior to the institution of court litigation, the [condominium . . . First, section 718.1255(3), recites the following “Legislative Findings:” (a) ... that unit owners are . . . nothing in this provision shall be construed to foreclose parties from proceeding in a trial de novo,” § 718.1255 . . .

J. BLUM, v. TAMARAC FAIRWAYS ASSOCIATION, INC. a, 684 So. 2d 826 (Fla. Dist. Ct. App. 1996)

. . . dismiss alleged that the action involved a dispute required to be 'arbitrated first pursuant to section 718.1255 . . . Section 718.1255(4)(a), Florida Statutes (1995), provides for mandatory nonbinding arbitration of “disputes . . . 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 . . .

WOODLAKE REDEVELOPMENT CORPORATION, v. WOODLAKE CONDOMINIUM ASSOCIATION OF MARCO SHORES, INC. S. W. A. R. R. L., 671 So. 2d 253 (Fla. Dist. Ct. App. 1996)

. . . complaint, finding that all counts must first be submitted to nonbinding arbitration pursuant to section 718.1255 . . . 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 . . . contains two counts which we believe fall within the definition of “dispute” as set forth in section 718.1255 . . . Section 718.1255 provides that arbitration is to be conducted by the Division of Florida Land Sales, . . .

HUMPHREYS, v. W. MORIARTY,, 655 So. 2d 1169 (Fla. Dist. Ct. App. 1995)

. . . I would hold that the timeliness of the filing of this complaint for trial de novo under section 718.1255 . . .

KITTEL- GLASS, v. OCEANS FOUR CONDOMINIUM ASSOCIATION,, 648 So. 2d 827 (Fla. Dist. Ct. App. 1995)

. . . no merit in Kittel-Glass’s first point relating to a necessity for arbitration pursuant to section 718.1255 . . .

TOWER FORTY- ONE ASSOCIATION, v. LEVITT,, 426 So. 2d 1290 (Fla. Dist. Ct. App. 1983)

. . . The procedures set forth in sections 718.112(2)(m) and 718.1255, Florida Statutes (Supp.1982), though . . .