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-80.107 - Who May Appear; Criteria for Other Qualified Representatives

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person who appears before any
				arbitrator has the right, at that person's own expense, to be accompanied,
				represented and advised by a member of the Florida Bar or by a qualified
				representative who is not a member of the Florida Bar, but who shall
				demonstrate his or her familiarity with and understanding of these rules of
				procedure, and with any relevant portions of Chapter 720, F.S., and the rules
				promulgated by the division.
(2) If
				a person wishes to be represented by a qualified representative, the arbitrator
				shall make diligent inquiry of the prospective representative during a
				non-adversarial proceeding, under oath, to assure that the prospective
				representative is qualified to appear in the arbitration proceedings and is
				capable of representing the rights and interests of the person. In lieu of the
				above, the arbitrator may consider the prospective representative's sworn
				affidavit setting forth the representative's qualifications.
(3) If the arbitrator is satisfied that the
				prospective non-attorney representative has the necessary qualifications to
				render competent and responsible representation of the homeowner's interest in
				a manner that will not impair the fairness of the proceedings or the
				correctness of the action to be taken, the arbitrator shall authorize the
				prospective non-attorney representative to appear in the pending
				arbitration.
(4) A representative
				named in the initial petition or who has filed a notice of appearance shall
				remain the representative of record and shall receive pleadings and continue in
				a representative capacity until the representative's withdrawal has been
				approved in writing by the arbitrator.
(5) Any successor or associated attorney or
				other non-attorney representative shall file a notice of appearance prior to,
				or at the time of, the filing of any pleading with, or appearance before, the
				arbitrator.
(6) Standards of
				Conduct.
(a) A representative shall exercise
				due diligence in the filing and argument of any motion or pleading. All motions
				or pleadings shall be filed and argued in good faith.
(b) The signature of a representative upon
				any motion or pleading shall constitute a certificate that the representative
				has read the motion or pleading, that to the best of the representative's
				knowledge it is supported by good faith grounds and that it has not been
				presented solely for the purpose of delay.
(c) A representative shall advise the client
				to observe and to obey the law.
(d)
				A representative shall not:
1. Engage in
				conduct involving dishonesty, fraud, deceit or misrepresentation; or engage in
				conduct that is prejudicial to the administration of the arbitration
				process;
2. File a pleading, assert
				a position, conduct a defense, delay an arbitration proceeding or take other
				action on behalf of the client when such action would serve merely to harass or
				maliciously injure another;
3.
				Handle a legal or factual matter which the representative knows or should know
				that the representative is not competent to handle without associating an
				attorney or another qualified representative; or handle a legal or factual
				matter without adequate preparation;
4. State or imply that he or she is able to
				improperly influence the arbitrator or any agency or public official;
5. Communicate or cause another to
				communicate with an adverse party regarding matters at issue in the arbitration
				proceeding where the representative knows that the adverse party is represented
				by an attorney or other qualified representative;
6. Disregard or advise the client to
				disregard a rule or statute of an agency or a ruling of an arbitrator made in
				the course of an arbitration proceeding;
7. Conceal or knowingly fail to disclose that
				which one is bound to reveal by law;
8. Knowingly use perjured testimony or false
				evidence, or withhold any evidence that the representative or the client should
				produce;
9. Knowingly make a false
				statement of law or fact;
10.
				Advise or cause a person to secrete himself or herself for the purpose of
				making the person unavailable as a witness therein; pay, offer to pay or
				acquiesce in the payment of compensation to a witness contingent upon the
				content of the witness's testimony or the outcome of the case; counsel or
				advise a witness to provide other than honest
				testimony.