Mary Ann Ruiz was featured on Univision 23 evening news and the mid-day digital edition, on January 4, 2022, discussing how condominium unit owners may contest election disputes.
Prior to an election, Section 718.5012(10), Florida Statutes, permits unit owners to petition the Office of the Condominium Ombudsman to appoint an election monitor to attend and properly conduct the election.
After a contested election, unit owners must contest the election within 60 days from the date on which election results are announced.
To challenge an election, unit owners have three options:
First, they can file a free Condominium/Cooperative Complaint Form with the Department of Business and Professional Regulation (“DBPR”), Division of Florida Condominiums, Timeshares, and Mobile Homes.
Second, unit owners can petition the DBPR for nonbinding arbitration to resolve their election disputes. The parties must file their own documentation and prove their case. The winning party may recover attorneys’ fees and costs.
Third, unit owners can opt to pursue formal court litigation.
Finally, rather than challenge the election, unit owners may vote to recall a board member with or without cause and install a new board member, pursuant to Section 718.112(2)(j), Florida Statutes.
Our firm has unique experience handling election disputes and other matters involving association boards of administration. If you need help to resolve such issues, please do not hesitate to schedule a consultation with our office.
