Florida Administrative Code

(1) Definitions. For the purposes of this rule chapter, the following definitions shall apply: (a) "Accepted Complaint" means a complaint received by the division from someone with standing to file a complaint containing sufficient documentation and addressing a subject within th…

An initial accepted complaint that is directed at a developer and involving a possible violation identified as minor in these guidelines will be resolved as follows: If the division has reasonable cause to believe that a statutory or rule violation may have occurred, a Warning Le…

(1) The division will seek compliance through an enforcement resolution for repeated minor violations, for the failure to correct or address a violation or provide unit owner redress as requested by the division, or for a major violation. If the division issues a notice to show c…

(1) Each association shall create an online account with the division at https://www2.myfloridalicense.com/condominiums-and-cooperatives/create-online-account/. An association which records after October 1, 2025, shall create an online account with the division within 30 days of …

(1) Definitions. For the purposes of this rule chapter, the following definitions shall apply: (a) "Accepted complaint" means a complaint received by the division from someone with standing to file a complaint containing sufficient documentation and addressing a subject within th…

(1) The educational resolution process, as detailed in these rules, is only applicable to unit owner controlled associations. (2) Alleged Initial Violation. An initial accepted complaint, directed at an association and involving a possible violation identified as minor in these g…

(1) The division will seek compliance through an enforcement resolution for repeated minor or major violations, or for the failure to correct or address a violation or provide unit owner redress as requested by the division. If the division issues a notice to show cause, it will …

(1) In determining whether a developer has offered a contract for sale or lease pursuant to Section 719.502(2), F.S., it shall be relevant although not dispositive, whether and the extent to which the developer advertised, induced, solicited, or attempted to encourage any person …

(1) Filing. (a) Documents submitted to the division for filing shall be securely bound and fastened between firm covers. Documents which are too bulky for binding may be submitted with the filing unbound. (b) Each filing shall contain in the forepart a Table of Contents which lis…

(1) "Amendment" means any change to documents, whether technical or substantive, regardless of the procedure by which the change is made. (2)(a) Every developer of a cooperative who holds a unit for sale in a cooperative shall submit to the division any amendments to documents or…

(1) In determining whether a developer has closed on a contract for sale or lease for purposes of this rule, it shall be relevant although not dispositive, whether and the extent to which the developer delivered to the purchaser evidence of ownership in the association and a leas…

(1) Every plot plan shall be a legible, scaled drafted map and shall indicate the following: (a) Name of the cooperative; (b) Scale, date and north arrow; (c) Ingress and egress; (d) The use and approximate size, location, and height of all existing and/or proposed buildings and …

(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.…

(1) Where the homeowners attempt to recall one or more directors of a board of a homeowners' association by written agreement, ballot, or vote taken at a meeting, the board of directors shall initiate a recall arbitration by filing a petition for recall arbitration with the divis…

(1) An election arbitration is commenced upon the filing of a petition for mandatory binding arbitration pursuant to Sections 720.306 and 720.311, F.S., and conforming to the requirements of this rule. The term "petition" as used in this rule includes any application or other doc…

(1) Any party who is in doubt as to whether a controversy falls within the jurisdiction of the division may file with the division a request for expedited determination of jurisdiction by filing a completed DBPR FORM HOA 6000-7, REQUEST FOR EXPEDITED DETERMINATION OF JURISDICTION…

(1) Recall Time Calculation. In computing the five full business days prescribed by Sections 720.303(10)(b)2., 720.303(10)(c)2., and 720.303(10)(d), F.S., and these rules, in which the board is required to duly notice and hold a board meeting and file for recall arbitration with …

(1) Parties in any proceeding conducted in accordance with Section 720.303, 720.306, or 720.311, F.S., are petitioners or respondents. (2) The petitioner in a recall arbitration proceeding may be the association, where the board seeks to challenge a recall effort of the homeowner…

(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 fa…

(1) While a case is pending and within 15 days of entry of a final order, no party or other person directly or indirectly interested in an arbitration proceeding nor anyone authorized to act on behalf of a party or other interested person shall communicate verbally or in writing …

(1) A petitioner may withdraw or dismiss the petition in writing at any time prior to the entry of a final order. Such withdrawal or dismissal shall be without prejudice to re-filing the petition at a later date. Upon the filing of a dismissal or withdrawal, the arbitrator shall …

(1) Filing. Unless specifically ordered by the arbitrator or provided for by these rules, every pleading or other paper filed in the proceedings, except an initial petition for arbitration, shall also be served on each party. (2) Method and Proof of Service. (a) When service is t…

(1) After a petition for arbitration is filed and assigned to an arbitrator, the respondent will be mailed a copy of the petition by the arbitrator, and will be given an opportunity to answer the petition. Unless a shorter time is ordered by the arbitrator in cases where the heal…

(1) When a party fails to file or serve any responsive document in the action or has failed to follow these rules or a lawful order of the arbitrator, the arbitrator shall enter a default against the party where the failure is deemed willful, intentional, or a result of neglect. …

(1) During the course of a pending arbitration proceeding, a request to the arbitrator for an order granting some relief or request shall be made by written motion, unless made during a hearing. The motion shall state in detail the grounds for the relief requested and shall set f…

(1) Any dispute that does not involve a disputed issue of material fact shall be arbitrated as provided in this rule. Where there are no disputed issues of material fact, no formal evidentiary hearing shall be conducted. The arbitrator shall decide the dispute based solely upon t…

(1) The discovery process shall be used sparingly and only for the discovery of those things that are necessary for the proper disposition of the petition. Parties may obtain discovery only upon the prior approval of the arbitrator. A motion to conduct discovery shall describe wi…

(1) The failure or refusal of a respondent to comply with a provision of these rules or any lawful order of the arbitrator shall result in the striking of the answer including any defenses or pending claims where such failure is deemed willful, intentional, or a result of neglect…

(1) The presiding arbitrator before whom a case is pending may issue any orders necessary to effectuate discovery, to prevent delay, and to promote the just, speedy, and inexpensive determination of all aspects of the case. (2) When a case is placed in abeyance or abated by a non…

(1) A subpoena requiring the attendance of witnesses or the production of documents, whether for purposes of discovery or for purposes of a final hearing, may be served by any person authorized by law to serve process or by any person who is not a party and who is of majority age…

(1) Any party wishing to obtain a stenographic record shall make such arrangements directly with the court reporter for such services and shall notify the other parties of such arrangements in advance of the hearing. The requesting party or parties shall bear all the costs of obt…

(1) Hearings shall be open to the public. However, the arbitrator shall exclude any observer, witness or party who is disruptive to the conduct of the hearing. (2) Each party shall have the right to present evidence, cross-examine the other party's witnesses, enter objections, an…

(1) The arbitrator shall set the time and place for all final hearings. The arbitrator shall serve written notice of the final hearing by regular mail on all parties of record. (2) All hearings shall be held in the state of Florida. Whenever possible, hearings shall be held in th…

(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 i…

(1) Any party may file a motion for rehearing or a motion to correct any clerical mistake or error arising from oversight or omission in any final order entered by an arbitrator within 15 days of the date on which the order was entered. "Clerical corrections" shall be generally d…

(1) The prevailing party in a proceeding brought pursuant to Section 720.311, F.S., is entitled to an award of reasonable costs and attorney's fees. A prevailing party is a party that obtained a benefit from the proceeding and includes a party where the opposing party has volunta…

(1) The department fee will be an amount adequate to cover all costs and expenses incurred by the department in conducting an arbitration proceeding pursuant to Section 720.311, F.S. (2) The fee shall be the sum of the following costs: (a) The sum of the "Labor Cost" for all empl…

(1) For purposes of these rules, "homeowner" is the "member" or "parcel owner" who has the "voting interest" as those terms are defined by Section 720.301, F.S. (2) Developer Representatives. When both a developer and other homeowners are entitled to representation on a board of …

(1) Calling a Recall Meeting. If the governing documents specifically allow recall at a homeowners' meeting, 10 percent of the voting interests may call a meeting of the homeowners to recall one or more directors of the board by the voting interests giving the notice specified in…

(1) Form of Written Agreement. All written agreements used for the purpose of recalling one or more directors shall: (a) List by name each director sought to be recalled; (b) Provide spaces by the name of each director sought to be recalled so that the person executing the agreem…

Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History-New 2-3-05, Repealed 9-18-07.

Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History-New 2-3-05, Repealed 9-18-07.

Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History-New 2-3-05, Repealed 9-18-07.

Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History-New 2-3-0, Repealed 9-18-07.

Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History-New 2-3-0, Repealed 9-18-07.

Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History-New 2-3-05, Repealed 9-18-07.

Specific Authority 720.311(1) FS. Law Implemented 720.311(2)(c) FS. History-New 12-20-04, Repealed 9-18-07.