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NancyA4 (Florida)
Posts: 17
Posted:
Can anyone give me feedback on their experience with the Florida arbitration process? We are considering arbitration on two different issues. We've never done arbitration, but are hoping that it would be more timely than the legal process. When I search the previous discussions here, it appears that the FL process is good, but quite backlogged and underfunded. Has anyone been thru arbitration recently? We feel we have good cases based on our docs. But the owners involved know how to spin the facts to make them appear to be unfairly picked-upon individuals. Does anyone have any input on the arbitrator's general outlook? If we spent the time and money, I think we'd prevail in the legal system where the facts alone are considered (theoretically.) Any opinions would be greatly appreciated. Thanks!
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Nancy

What issues are you considering arbitrating?

Thanks
PeterD3 (Florida)
Posts: 708
Posted:
Are you condo or HOA?

CURRENTLY disputes NOT eligible for CONDO 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.

If you are an HOA CURRENTLY it is LIMITED to:

Election disputes
Recall Disputes

If you feel your case is applicable to current jurisdictions you can go here to research 'Final Orders' to see if there is one similar to yours and what you might expect the outcome to be.

Go here:
http://www.myfloridalicense.com/dbpr/lsc/ARB/LSCMHArbitrationResearch.html
NancyA4 (Florida)
Posts: 17
Posted:
We are a condo and the issues fall within those that are eligible for arbitration. Thank you for highlighting the link to cases. Now I see that the findings are based on facts and legalities. Gives me more confidence in the process. Thank you!

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