Condo ADR Bill in FL Legislature

The Florida Legislature began its session this week and there is already a bill out of drafting relating to alternative dispute resolution (ADR). The act would amend Section 34.01, Florida Statutes, expanding the jurisdiction of county courts to include certain disputes occurring in condominium and cooperative associations. It would also amend Section 718.103, Florida Statutes, defining the term “condominium documents” and Section 718.112 conforming provisions to changes made by the act, requiring that a provision for mandatory mediation, rather than nonbinding arbitration, be included in association bylaws. The language also amends Section 718.117, revising how a unit owner or lienor may contest a plan of termination and amending Section 718.1255, revising the requirements for ADR in condominium associations and providing a form for the written demand an aggrieved party is required to serve on a responding party, as well as providing requirements for the service of a statutory demand to participate in presuit mediation and the response to such service. The legislation would provide requirements for mediators selected by the parties and that parties to equally share the costs of presuit mediation, while authorizing a mediator to require advance payment of fees and costs. Under the law, presuit mediation proceedings would be conducted in accordance with Chapter 44, Florida Statutes, in addition to the Florida Rules of Civil Procedure and authorize a representative from an association’s insurance carrier to attend presuit mediation conferences. The likely effective date would be July 1, 2019. Search for more here-- https://bit.ly/2VKtnHI