Florida Statute 718.1255 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

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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 Citing Statute 718.1255

Total Results: 20

Boca View Condominium Association, Inc. v. Eleanor Lepselter and Edward Lepselter

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-31T00:00:00-07:00

Snippet: , section 718.1255(4)(l) authorizes an award to include them. Moreover, section 718.1255(4)(l) must…Complaint for Trial De Novo” pursuant to section 718.1255, Florida Statutes (2019), seeking a trial de novo…The Association contends on appeal that section 718.1255(4)(l), Florida Statutes (2023), the applicable… 7 Section 718.1255(4)(l) states: The party who files a …court costs and attorney fees. Id. Section 718.1255(4)(l) requires the assessment of attorney’s fees

VINCENT S. MERCIER v. TURNBERRY ISLE SOUTH CONDOMINIUM ASSOCIATION, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-12T00:53:00-07:00

Snippet: MILLER, JJ. PER CURIAM. Affirmed. See § 718.1255(4)(k), Fla. Stat. (2020) (“An arbitration decision…Fla. 4th DCA 1998) (holding pursuant to section 718.1255 that, even when an action has been stayed to

RICHARD M. SAMUEL v. HAMPTONS WEST CONDOMINIUM ASSOCIATION INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-11-02T00:53:00-07:00

Snippet: , JJ. PER CURIAM. Affirmed. See § 718.1255(4)(m), Fla. Stat. (2022) (providing: “Any party

INTERNATIONAL VILLAGE ASSOCIATION, INC. v. ILAN WEISS

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-15T00:53:00-07:00

Snippet: Association”) attorney’s fees and costs under section 718.1255(4), Florida Statutes (2016). The Association raises…mandatory non-binding arbitration pursuant to section 718.1255(4)(a), Florida Statutes (2016). Ultimately, the

BMC SOUTHWOOD LLC v. BOBBY MONOCHELLI

Court: Fla. Dist. Ct. App. | Date Filed: 2022-01-18T23:53:00-08:00

Snippet: constitute disputes within the meaning of section 718.1255(1)(c), Florida Statutes, and Appellees failed…arbitration, as required by sections 718.117(16) and 718.1255(4), Florida Statutes, prior to filing of this…with mandatory arbitration provision of section 718.1255(4)). Our standard of review is de novo. See id… non- binding arbitration pursuant to section 718.1255(1), we find that a dismissal of this action is

ADANAN JAVAN, SINGER 5070, LLC, SINGER 5070 2, LLC, SEAWINDS 20D SOUTH, LLC and SEAWINDS 10D SOUTH, LLC v. SEAWINDS SOUTH CONDOMINIUM ASSOCIATION, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-25T00:53:00-07:00

ADANAN JAVAN, SINGER 5070, LLC, SINGER 5070 2, LLC, SEAWINDS 20D SOUTH, LLC and SEAWINDS 10D SOUTH, LLC v. SEAWINDS SOUTH CONDOMINIUM ASSOCIATION, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-30T00:53:00-07:00

Snippet: arbitration pursuant to section 718.1255, Florida Statutes (2019). See § 718.1255(4)(a), Fla. Stat. (2019) (… nonbinding arbitration.”) (emphasis added); § 718.1255(1)(b)2.-3., Fla. Stat. (2019) (“As used in this…does not allege a “dispute” as defined in section 718.1255(1) and, therefore, is not subject to mandatory…mandatory nonbinding arbitration under section 718.1255 – we remand for the circuit court to enter a new written

AQUARIUS CONDOMINIUM ASSOCIATION, INC. v. BORIS GOLDBERG and CAROLYN CROOKS

Court: Fla. Dist. Ct. App. | Date Filed: 2021-01-26T23:53:00-08:00

Snippet: to court litigation.” § 718.1255(3)(b), Fla. Stat. (2017). Section 718.1255(4) provides: (a) Prior…jurisdiction. The court concluded that because section 718.1255, Florida Statutes (2017), requires non-binding…subject matter jurisdiction. We hold that section 718.1255 does not deprive the circuit court of subject …Condominium. Initially, as provided in section 718.1255, the association filed a petition for mandatory…So. 2d 703 (Fla. 1997), the court finds section 718.1255 is not jurisdictional.” The unit owners filed

WING KEI HO and KAREN YEH- HO v. FOUNTAINS OF PALM BEACH CONDOMINIUM, INC. 3

Court: Fla. Dist. Ct. App. | Date Filed: 2020-12-15T23:53:00-08:00

Snippet: 3 pursuant to section 718.1255(4)(a), Florida Statutes (2015). They rely on Blum…exclude tenant removal actions from its orbit. See § 718.1255(1)(c), Fla. Stat. (2015). Further, subsequent

Dyck-O'Neal, Inc. v. Heather Lanham

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-17T23:53:00-08:00

Snippet: process before seeking trial court relief. § 718.1255(4), Fla. Stat. (2014). The Legislature knows

Palisades Owners' Association, Inc v. Thomas F. Browning

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-15T00:53:00-07:00

Snippet: to nonbinding arbitration pursuant to section 718.1255, Florida Statutes (2016), before filing suit because…dispute resolution procedures provided in section 718.1255, and therefore Browning was required to petition…allege a “dispute” within the meaning of section 718.1255, and therefore Browning was not required to submit…this statute is clear and unambiguous. Section 718.1255 requires that as a condition precedent to filing…must be submitted to nonbinding arbitration. § 718.1255(1), Fla. Stat. (2016); Neate v. Cypress Club Condo

Gonzalez and Leal v. International Park Condominium I Assoc., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-26T00:00:00-07:00

Citation: 217 So. 3d 1128, 2017 WL 1494004, 2017 Fla. App. LEXIS 5755

Snippet: as well. A. Section 718.1255 The first provision, section 718.1255(1), specifies that the party…fees under three statutory provisions: section 718.1255(1), Florida Statutes (2014) (fees for litigating…Condominiums, and Mobile Homes, as required by section 718.1255(4), Florida Statutes (2013). The final order of

Laguna Tropical, a Condominium Association, Inc. v. Barnave

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-25T00:00:00-08:00

Citation: 208 So. 3d 1262, 2017 WL 362543, 2017 Fla. App. LEXIS 732

Snippet: beneath the carpeting and slab. 2 . § 718.1255(4), Fla. Stat. (2013). The parties engaged in

Winding Wood Condominium VI Association, Inc. v. Walls

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-08T00:00:00-07:00

Citation: 196 So. 3d 489, 2016 Fla. App. LEXIS 10467, 2016 WL 3653515

Snippet: submit that claim to arbitration under section 718.1255(4)(a), Florida Statutes, (2014), and to provide…prearbitration notice in accordance -.with section 718.1255(4)(b)(l), (3). The trial court conducted … this motion were untimely.’ Moreover, section 718.1255 does not apply to Ms. Walls’ claim for equitable…dispute” within the meaning of the statute. See § 718.1255(1). 2D15-2959 District Court of Appeal

Brindise v. U.S. Bank National Association

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-20T00:00:00-08:00

Citation: 183 So. 3d 1215, 2016 Fla. App. LEXIS 653, 2016 WL 229572

Snippet: process- before seeking trial court relief. § 718.1255(4), Fla. Stat. (2014).' The Legislature knows

The FLORIDA BAR Re ADVISORY OPINION—ACTIVITIES OF COMMUNITY ASSOCIATION MANAGERS

Court: Fla. | Date Filed: 2015-05-14T00:00:00-07:00

Citation: 177 So. 3d 941, 2015 WL 6510426

Snippet: demand letters required by 718.1255, Fla. Stat.; Under Section 718.1255, Fla. Stat., prior to filing… of pre-arbitration demand letters required by 718.1255, Fla. Stat.; 11. Preparation of construction

State Farm Florida Insurance Co. v. Buitrago

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-29T00:00:00-07:00

Citation: 100 So. 3d 85, 2012 Fla. App. LEXIS 10547, 2012 WL 2471601

Snippet: utilization of condominium arbitration under section 718.1255, Florida Statutes (Supp. 1994), because the statute

Intracoastal Point Condominium Ass'n v. Horowitz

Court: Fla. Dist. Ct. App. | Date Filed: 2011-01-05T00:00:00-08:00

Citation: 54 So. 3d 528, 2011 Fla. App. LEXIS 4, 2011 WL 13711

Snippet: required by section 718.1255. The trial court denied the motion. Section 718.1255(4)(a), Florida Statutes…Department of Business] for nonbinding arbitration.” § 718.1255(4)(a), Fla. Stat. (2009). As set forth in the …adequate notice of meetings or other actions. § 718.1255(l)(b)(2), Fla. Stat. (2009). Under the facts of…comply with the arbitration requirement of section 718.1255. See Neate v. Cypress Club Condo., Inc., 718 So

Gomez v. Fradin

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-11T00:00:00-07:00

Citation: 41 So. 3d 1068, 2010 Fla. App. LEXIS 11739, 2010 WL 3155000

Snippet: claims were "disputes" as defined by § 718.1255(1), Florida Statutes and therefore subject to …872 So.2d 992, 993 (Fla. 4th DCA 2004). Section 718.1255(4)(a), Florida Statutes provides that as a condition…conduct meetings or take official action. See § 718.1255(1), Fla. Stat. (2009). The term "dispute&…The nonbinding arbitration required by section 718.1255(4) is well suited to deal with everyday condominium

Beach Terrace Ass'n v. Wanda DiPaola Stephen Rinko General Partnership

Court: Fla. Dist. Ct. App. | Date Filed: 2010-01-29T00:00:00-08:00

Citation: 27 So. 3d 147, 2010 Fla. App. LEXIS 570, 2010 WL 323022

Snippet: attorney's fees pursuant to sections 718.303 and 718.1255(4)(l), Florida Statutes (2007). On cross-appeal…for nonbinding arbitration pursuant to section 718.1255(4), Florida Statutes (2003). In essence, the petition…de novo on the same issues, pursuant to section 718.1255(4)(k). In its ruling, the circuit court reached…entitled to attorney's fees pursuant to section 718.1255(4)(l), after concluding that DiPaola had obtained