Florida HOA Mediation

Started by MikeS15 • 7 replies • 2587 views

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MikeS15 (Florida)
Posts: 2

Posted:

Has anyone had any experience with going to mediation after you filed a complaint regarding violations to HOA Florida 720 statues with the Division of Professions and Regulation of the Department of Business and Professional Regulation. Can you let us know how it went and what you thought of the process. Was it worth it or a waste of time.

Thank you

AnnaD2 (Florida)
Posts: 960

Posted:

Mike are you a Board Member or a member of an association with which you have a problem?

If you could give us a little more information we may be better able to assist you.....and yes it does matter. Because we'll answer geared toward YOUR problem. It will elimate a lot of time and postings if we know what your situation is.

What's up?....and Welcome!

DonnaS (Tennessee)
Posts: 5,671

Posted:

Mike,

My HOA was required to go to mediation, actually we went twice with the same residents and the same violation. It was about pickup trucks parked in the driveways overnight which is against our covenant rule. Before any case can go to court now, the HOA is required to try mediation first. We ended up in a 3 day trial which was very expensive. What started out as somethiing as simple as a violation, ended up with what our lawyer called "a fishing expedition" They claimed that their Cadallic EXTs were not pickups and that we were selectively enforcing against them. By the time we got to court, there were 4 different parts to the case. We won 2 and they won 2. Was it worth it? Yes and No, but the pickup truck parking issue needed to be tested and the HOA prevailed with that part. The EXTs were judged to not be trucks.

MikeS15 (Florida)
Posts: 2

Posted:

I'm a member of the association. The board and CAM are in violation of our covenants and 720 Florida statues. I am going to file a CAM complaint with DBPR. Do you have any tips on how to proceed with complaint, what steps I should and need to take in order to have a successful outcome? What fees are involved? I don't want to have to use an attorney. Any info you can provide would be appreciated.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

"The EXTs were judged to not be truck"

The feds and the state of florida classify the Cadillac EXT a 4 door extended cab, truck. Why didn't arbitration?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Steve,

Well, sometimes Judges make mistakes. The EXT was "segmented" (classified) by G.M as the best of both worlds--"a pickup and a SUV"

The EXT is exactly the same body and chassie as the Chevy Avalanch and the Honda Ridgeline. The manufacturers call them trucks but they do not call the EXT a truck. Judge said that the manufacturers call is what is the law. What we found out thru watching videos of the Detroit auto shows when they introduce the new years models, is that in 2002, the EXT was introduced as a pickup. At the 2004, the identical vehicle was now a SUV/Truck. The Judge would not allow the videos into court. What a mess it was.

EllenS1 (Florida)
Posts: 1,148

Posted:

Wouldn't it be interesting to know what the judge drives.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Good One Ellen!! Probably a Cadillac.

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