CAN THE HOA DO THAT?
In any conflict between an owner and a Homeowners’ Association (HOA), the underlying question to be answered by both parties, and ultimately by the court is: ‘Can the HOA do that?’
Articles
U.S. Supreme Court Endorses Arbitration
The United States Supreme Court in June of this year, once again, entered an opinion enforcing the right to require bilateral arbitration.
Florida Legislature Expands Use of Mediation to Resolve Lawsuits
The message from the Florida Legislature is clear: Mediation works. Litigation should be a last resort. Such an approach is particularly important due to the historic backlog facing our courts.
Condominiums & HOA – Where ADR is Required
The Florida Legislature in its 2021 session specifically recognized the value offered by mediation and in several areas dealing with condominiums, HOA’s and other entities changed the laws that previously required pre-suit Arbitration to now require either pre-suit Mediation or Arbitration.
Condominiums & HOA – Where ADR is Required
Legislative Changes Both the Condominium and HOA statutory chapters specifically state: “The legislature finds that alternative dispute resolution has made progress in reducing court dockets and trials and in offering a more efficient, cost-effective option to litigation.” FS §720.311 (1). See also, 718.112 (3)(b). The previous law required arbitration before suit could be filed in …