Arbitration of Condominium Disputes

20161108_131548If your condominium association alleges that you are in violation of the Declaration of Condominium or the Rules and Regulations governing the community they can fine you or they can file a petition for arbitration with the Florida Department of Business and Professional Regulation (DBPR). The division of the DBPR that handles these matters is the Division of Florida Condominiums, Timeshares, and Mobile Homes. The Division will provide an Arbitrator to hear your case. The Arbitrator works with the Division and hears condominium enforcement cases on a regular basis. Continue reading “Arbitration of Condominium Disputes”

Understanding Mediation of Legal Disputes

Mediation is a valuable opportunity for parties to a dispute to resolve their conflict on their own terms. The parties have maximum input into a settlement reached in mediation.

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Francis M. King, Esq

Once the matter is in Court the judge will decide what the resolution is with little to no input from either party. It is therefore important to take advantage of the opportunity mediation provides.

A significant factor in whether mediation is successful is the party’s preparation for the mediation conference. The parties should fully understand their position, and what they want to achieve at mediation. They should also make every effort to know and understand the opposing party’s position. However, knowing what you want should not become an unwillingness to compromise. All parties will give on some points and succeed on others, but the goal is to reach an overall compromise that all parties accept. Continue reading “Understanding Mediation of Legal Disputes”

Homeowners’ Association Statutory Offer to Participate in Presuit Mediation

med img.jpgIf the Board of Directors or the management company for your¬†Homeowners’ Association believes you have violated the governing documents of your community, which includes the deed restrictions, by-laws, or rule and regulations of your community, they can either fine you or proceed with legal action to enforce your compliance.

If the Association chooses to seek a judgment from a court to require your compliance it must first offer to mediate the case with you. If either party fails to participate in the mediation process, that party waives its right to recover its reasonable attorney’s fees and costs as prevailing party in any subsequent law suit. Continue reading “Homeowners’ Association Statutory Offer to Participate in Presuit Mediation”