INTRACOASTAL POINT CONDOMINIUM ASSOCIATION, A CONDOMINIUM ASSOCIATION, APPELLANT,
v.
LISA HOROWITZ, INDIVIDUALLY; NANCY TESKE, INDIVIDUALLY; AND ROBERT JUDD, INDIVIDUALLY., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court reversed the trial court's denial of the Association's motion to dismiss because the Unit Owners failed to comply with the mandatory arbitration requirement under Florida Statute § 718.1255 before filing suit over alleged improper notice of a condominium meeting.
A condominium unit owner's dispute regarding inadequate notice of a special meeting must be submitted to mandatory nonbinding arbitration under § 718.1255 before court litigation may be instituted.
[1] A dispute between a condominium association and unit owners regarding the adequacy of notice for a meeting falls within the mandatory arbitration requirement of Florida S…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe Unit Owners challenged the validity of a special meeting held in January 2009 and alleged that three members did not receive appropriate notice as…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Condominium Act cases and more on FLexlaw
Lisa Horowitz, Nancy Teske, and Robert Judd (collectively the “Unit Owners”) filed an action for declaratory judgment against the Intracoastal Point Condominium Association (the “Association”) asserting the invalidity of a “special meeting” held in January 2009 and seeking the appointment of a receiver. The Unit Owners alleged, in part, that three specific members of the Association “did not receive appropriate notice as the owners of the record at the time of the purported ‘special meeting.’ ” The Association, in turn, filed a motion to dismiss the complaint because the Unit Owners failed to first seek arbitration as required by section 718.1255. The trial court denied the motion.
Section 718.1255(4)(a), Florida Statutes, requires that “[pjrior to the institution of court litigation, a party to a dispute shall petition the [Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business] for nonbinding arbitration.” § 718.1255(4)(a), Fla. Stat. (2009). As set forth in the statute,
(1) ... “dispute” means any disagreement between two or more parties that involves:
(b) The failure of a governing body, when required by this chapter or an association document to:
*5292. Give adequate notice of meetings or other actions.
§ 718.1255(l)(b)(2), Fla. Stat. (2009).
Under the facts of this case, we agree with the Association that the motion to dismiss should have been granted because the Unit Owners failed to comply with the arbitration requirement of section 718.1255. See Neate v. Cypress Club Condo., Inc., 718 So.2d 390 (Fla. 4th DCA 1998). Accordingly, we reverse.
Reversed and remanded.
concurring.
I concur with our reversal in this case. Upon remand, the trial court should dismiss the action without prejudice to comply with section 718.1255, Florida Statutes (2009).
RAMIREZ, C.J.,
concurring.
I concur with our reversal in this case. Upon remand, the trial court should dismiss the action without prejudice to comply with section 718.1255, Florida Statutes (2009).