Community Update

What Is the Difference Between Mediation and Arbitration?

By: Yeline Goin

Whether you are a member of a condominium association or homeowners’ association, the respective statutes require the owners and the association to engage in alternative dispute resolution for certain disputes before a complaint is filed in court. The two types of alternative dispute resolution recognized by the Condominium Act and the Homeowners’ Association Act are (1) mediation, and (2) arbitration. The Condominium Act requires that certain disputes be mediated or arbitrated. The Homeowners’ Association Act requires that certain disputes be mediated.

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Condominium Officers, Directors and Managers Who Solicit, Offer to Accept, or Accept “Kickbacks” Now Commit a Felony of the Third Degree

By: Michelle H. Kaiser

Florida lawmakers revised Chapter 718, Florida’s Condominium Act, once again following the 2024 Legislative Session through House Bill 1021, which was signed by Governor DeSantis and became effective July 1, 2024. One of the most surprising revisions to some, was the addition of criminal penalties for certain conduct in violation of Chapter 718.

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Fire Sprinkler and ELSS Deadlines Extended by Florida Fire Prevention Code

By: Yeline Goin

For those of you who own a condominium unit in a high-rise building, you are keenly aware of the many changes through the years to the fire safety requirements for high-rise buildings. The Condominium Act, in Section 718.112(2)(n), Florida Statutes, currently states that all high-rise buildings had to retrofit with either a fire sprinkler system or an engineered life safety system by January 1, 2024.

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Hemispheres Condominium Association, Inc. v. Corbin
357 So.2d 1074 (Fla. 3d DCA 1978)

By: Joseph Markovich

Understanding the duty of care in negligence cases is at the heart of THIS CASE. Mr. Corbin, who rented a unit from an owner, drowned in a pool managed by the condominium association. The association, responsible for the pool’s maintenance, employed an attendant who was trained in using life-saving equipment but was not a certified lifeguard. Mr. Corbin, a strong swimmer with a history of epilepsy, was found unconscious at the bottom of the pool and, despite rescue efforts, passed away a few days later. His widow, Sally Corbin, sued the condominium association for negligence, arguing that they failed to provide adequate safety measures, such as a professional lifeguard.

The trial court initially ruled in favor of the plaintiff, awarding damages. However, the appellate court re-examined whether the association owed a duty of care beyond what was already in place. The plaintiff claimed that the attendant’s lack of lifeguard certification and additional duties contributed to Mr. Corbin’s death. The appellate court, however, determined that the duty of care owed to Mr. Corbin was no greater than that owed to an association member, which was not equivalent to the duty owed by a facility providing public entertainment or amusement for profit. The court found that the pool attendant was not required to keep each swimmer under constant surveillance, and that the lack of lifeguard certification did not constitute a failure to exercise ordinary care for a private swimming pool. Additionally, the court found no evidence that the attendant’s other duties were the proximate cause of the drowning. As a result, the court reversed the decision, directing that judgment be entered in favor of the defendant association.

So why does THIS CASE matter? It raises crucial questions about the scope of a condominium association’s duty of care to its members and renters. The court’s decision emphasizes the importance of clear evidence when alleging negligence, particularly in accidents occurring in shared community spaces. This case also highlights the need to understand the limitations of an association’s responsibilities and the standard of care they are required to uphold. Condominium associations should ensure their safety protocols are well-defined, and that members, renters, and guests are aware of the risks involving in using shared facilities.

This case serves as an important reminder for condominium associations and their members to understand the legal standards governing safety in common areas. Associations should regularly review their safety policies to ensure they comply with legal requirements, while members, renters and guests should be informed about the level of protection they can expect. If there are concerns about the adequacy of safety measures, consulting with legal counsel can help clarify responsibilities and prevent future disputes.