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-80.121 - Final Orders and Appeals

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless
				waived, a final order shall be entered within 30 days after any final hearing,
				receipt by the arbitrator of the hearing transcript if one is timely filed, or
				receipt of any post-hearing memoranda, whichever is applicable. The final order
				shall be in writing and shall include a statement of whether or not the recall
				was certified. Failure to render a decision within such time period shall not
				invalidate the decision.
(2) The
				final order shall be mailed to the parties, if unrepresented, or to their
				counsel or other qualified representative of record by regular U.S. mail. The
				final order shall include a certificate of service that shall show the date of
				mailing of the final order to the parties.
(3) In reaching a decision, the arbitrator
				may take official notice of and find as true without proof, any fact which may
				be judicially noticed by the courts of this state, including any arbitration
				final order or any final order of the division involving a similar or related
				issue.
(4) A final order or
				nonfinal order is effective upon its issuance and mailing unless otherwise
				provided in the order or unless a stay of the order has been applied for and
				granted by the arbitrator. A final order certifying the recall of one or more
				board members takes effect upon the mailing of the final order. As of the
				moment of mailing, those board members found to be recalled cease to be
				authorized board members and shall not exercise the authority of the
				association.
(5) The final order of
				the arbitrator is binding on the parties and may not be appealed. The final
				order of the arbitrator does not constitute final agency action and is not
				appealable to the district courts of appeal in the manner provided by Section
				120.68, F.S. In any subsequent
				judicial proceeding, for example, where a party sues in court to enforce the
				final order, the department, the division, and the arbitrator are not necessary
				or proper parties and shall not be named as parties.
(6) The arbitrator in the final order may
				grant mandatory or prohibitory relief, declaratory relief, or any other remedy
				or relief that is just and equitable. No final order shall include a civil
				penalty assessed against a party. Relief may include certification of an
				election or recall, decertification of an election or recall, a requirement
				that a new election be held, certification of a candidate for election,
				decertification of a candidate, requiring a board to fill a vacancy or hold an
				election to fill a vacancy, requiring a director to return association records
				to the board, and cease acting as a board member, or other relief as may be
				appropriate in a given case.
Specific 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.