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Note that this form is to be used where a party seeks to have someone other than an attorney represent the party in arbitration or mediation proceedings under Chapter 720, Florida Statutes.
Please Note: If you want to challenge an election in a homeowners’ association, pursuant to Sections 720.306(9)(c) and 720.311, Florida Statutes, binding arbitration of election disputes in homeowners’ associations is conducted pursuant to Section 718.1255, Florida Statutes. Section 718.1255(4)(b), Florida Statutes, discusses the requirements of a petition for arbitration and provides as follows: (b) The petition must recite, and have attached thereto, supporting proof that the petitioner gave the respondents: 1. Advance written notice of the specific nature of the dispute; 2. A demand for relief, and a reasonable opportunity to comply or to provide relief; and 3. Notice of the intent to file an arbitration petition or other legal action in the absence of a resolution of the dispute. Failure to include the allegations or proof of compliance with these prerequisites requires dismissal of the petition. Additionally, Section 720.306(9)(a) states in pertinent part, “[a]ny challenge to the election process must be commenced within 60 days after the election results are announced.”
Please Note: If you are either an owner representative filing a recall petition because your homeowner’s association board has failed to do so or are a board member seeking to challenge your homeowner’s association’s decision to certify a your recall, section 720.303(10) provides that you may file a petition pursuant section 718.1255, Florida Statutes. Therefore, you must comply with pre-arbitration notice a requirements of section 718.1255(4)(b), Florida Statutes, as follows: (b) The petition must recite, and have attached thereto, supporting proof that the petitioner gave the respondents: 1. Advance written notice of the specific nature of the dispute; 2. A demand for relief, and a reasonable opportunity to comply or to provide relief; and 3. Notice of the intent to file an arbitration petition or other legal action in the absence of a resolution of the dispute.
Note that this form is to be used for the filing of an answer in all arbitration and mediation proceedings conducted under Chapter 720, Florida Statutes.