Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.013 - Matters Eligible or Ineligible for Arbitration

Current through Reg. 50, No. 138; July 16, 2024
(1) A "dispute" under Section
				718.1255, F.S., includes a
				disagreement that involves use of a unit or the appurtenances thereto,
				including use of the common elements.
(2) Except for disputes involving the
				termination of a condominium, no controversy shall be accepted for arbitration
				under these rules where the controversy is between or among unit owners, or
				between or among a unit owner or unit owners and tenants, except where the
				association is a party and the dispute is otherwise eligible for arbitration.
				Except for disputes involving the termination of a condominium, the only
				disputes eligible for arbitration are those existing between a unit owner or
				owners and the association or its board of administration; however, pursuant to
				Rule 61B-45.015, F.A.C., a tenant
				shall be named as a party respondent where the subject matter of the dispute
				concerns a tenant. In addition, other unit owners having a particular interest
				in the proceeding shall be named as parties.
(3) Except as otherwise provided by Rule
				61B-45.035, F.A.C., any party
				who has participated as a party in a prior arbitration, administrative or court
				hearing shall not be allowed, consistent with the principles of res judicata
				and collateral estoppel, to raise identical issues in a subsequent arbitration
				hearing.
(4) Where a controversy
				involves both matters eligible and ineligible for arbitration, the arbitrator
				shall determine by order whether the ineligible matters may properly be severed
				from the controversy so that the remaining eligible issues may be
				arbitrated.
(5) No petition shall
				be accepted for arbitration under these rules which involves issues which are
				moot, abstract, hypothetical, or otherwise lacking the requirements of a case
				or controversy; no dispute which is not a bona fide, actual and present dispute
				shall be accepted for arbitration.
(6) No petition shall be accepted for
				arbitration under these rules which alleges the failure by the association to
				enforce, or properly enforce, the condominium documents, unless the controversy
				otherwise constitutes a dispute as defined by Section
				718.1255, F.S., and these
				rules.
(7) No petition shall be
				accepted for arbitration under these rules which alleges the failure of the
				association to properly repair, replace, or maintain the common elements,
				common areas, association property, or cooperative property unless the petition
				also alleges how the petitioner's use of the common elements, common areas,
				association property, or cooperative property has been directly affected as a
				result of the alleged failure.
(8)
				No petition shall be accepted for arbitration under these rules unless it
				arises in a residential cooperative or condominium, and involves a residential
				unit or units; however, a petition will be accepted which arises in a
				nonresidential condominium, if the declaration provides for arbitration
				pursuant to Section 718.1255,
				F.S.
Rulemaking Authority
					 718.1255(4),
					 719.1255 FS. Law Implemented
					 718.117(16),
					 718.1255,
					 719.1255
					 FS.
New 4-1-92, Amended 2-2-93, Formerly 7D-45.013, Amended
					 9-21-94, 6-19-96, 2-22-15, 7-20-16.