Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.101 - Scope, Organization, Procedure, Forms, and Title

Current through Reg. 50, No. 138; July 16, 2024
(1) This chapter shall be entitled "The
				Arbitration Rules of Procedure Governing Recall and Election Disputes in
				Homeowners' Associations" and shall govern the arbitration of election disputes
				and recall disputes arising in a homeowners' associations governed by Chapter
				720, F.S. For purposes of these rules "homeowners" means "members" and "parcel
				owners" who are voting members of the association as those terms are defined by
				Section 720.301, F.S. This chapter
				applies to all recall and election arbitration proceedings held pursuant to
				Section 720.303,
				720.306, or
				720.311, F.S.; these provisions
				shall only apply to election and recall disputes that exist on or after October
				1, 2004. The provisions of Chapters 61B-45 and 61B-50, F.A.C., are incorporated
				herein by reference to the extent those chapters are consistent with these
				rules. These rules also apply to all arbitration proceedings referred to the
				division and conducted after mediation pursuant to Section
				720.311(2)(b),
				F.S.
(2) All petitions and other
				papers filed with the division for election or recall arbitration pursuant to
				Section 720.303,
				720.306, or
				720.311, F.S., and these rules,
				shall be filed at the official headquarters of the Department of Business and
				Professional Regulation, Division of Condominiums, Timeshares, and Mobile
				Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030, except that a
				petition or other pleading may be filed with the division via telefax at (850)
				921-5446. All forms referenced in these rules may be obtained online at:
http://www.myflorida.com/dbpr/
.
(3) In order to file a petition for recall
				arbitration, a petitioner must use DBPR FORM HOA 6000-4, MANDATORY BINDING
				ARBITRATION FORM PETITION-RECALL DISPUTE, incorporated herein by reference and
				effective 2-3-05. In order to file a petition for election arbitration, a
				petitioner must use DBPR FORM HOA 6000-3, MANDATORY BINDING ARBITRATION FORM
				PETITION-ELECTION DISPUTE, incorporated by reference and effective 2-3-05. In
				order for someone who is not a member of the Florida Bar to represent a party
				in a proceeding, the person must file a completed DBPR FORM HOA 6000-6, HOA
				QUALIFIED REPRESENTATIVE APPLICATION, incorporated herein by reference and
				effective 2-3-05. An answer to a petition for arbitration for recall or
				election dispute arbitration must be filed using DBPR FORM HOA 6000-9, HOA
				ANSWER TO PETITION, incorporated herein by reference and effective 2-3-05. A
				request for an expedited determination of whether jurisdiction exists to hear a
				particular dispute shall be filed on DBPR FORM HOA 6000-7, REQUEST FOR
				EXPEDITED DETERMINATION OF JURISDICTION, incorporated herein by reference and
				effective 2-3-05.
Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5.,
					 720.303(10)(d),
					 720.306(9),
					 720.311(1) FS.
					 Law Implemented 720.303(10),
					 720.306(9),
					 720.311(1)
					 FS.
New 2-3-05.