Disputes between members and board members of a Boca Raton homeowners association can be a difficult and costly process. To help avoid litigation, the state of Florida has mandated that certain types of disputes must be mediated before going to court. Under section 720 311 of the Florida Statutes, homeowners associations must participate in pre-lawsuit mediation for construction defects, damage to property, the adoption or modification of condominium documents, and electoral contests. The goal of pre-demand mediation is to encourage communication and collaboration between the parties so that they can reach a mutually beneficial resolution.
When it comes to resolving disputes between members and board members of a Boca Raton homeowners association, pre-demand mediation is the best way to go. This type of mediation is mandated by the state of Florida and is designed to help both parties come to an agreement without having to resort to costly litigation. The mediator's recommendations are given significant importance by the court when making a final determination, so it is in the best interest of both parties to make a good faith effort to resolve their differences through mediation. If the parties do not agree with the arbitrator's decision, they have 30 days to file a lawsuit.
If they do not appeal, it is an enforceable order and if they do not comply with it, they go to court to enforce it. Arbitrators cannot enforce their orders; only a court can. An example of the potential consequences of public disputes between directors of associations and owners of units is currently being seen at the Porta Bella Yacht and Tennis Club in Boca Raton. It is important for members and board members of homeowners associations to understand that litigation should be avoided if possible.
Not only can it be costly, but it can also have long-term negative impacts on the community as a whole. By utilizing pre-demand mediation, members and board members can work together to reach an amicable resolution without having to resort to costly litigation. This type of dispute resolution can help preserve relationships between members and board members while also helping to protect the interests of all involved.
