Division of Condominiums, Timeshares & Mobile Homes – Dispute Definition

Section 718.1255, Florida Statutes define disputes eligible for arbitration as any disagreement between two or more parties and the authority of the board of directors or the association’s governing document.  An eligible dispute for arbitration requires any owner to take or not to take any action involving that owner’s unit or the appurtenances thereto, or involving the alteration or addition to a common area or element of the condominium property.

Also required to be arbitrated before filing an action in court are disputes involving the failure of a governing body, when required by law or an association’s document to properly conduct elections, give adequate notice of meetings or other actions, properly conduct meetings, and allow inspection of books and records.

Disputes not eligible for 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;
• 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.

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