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Florida Administrative Code (Last Updated: April 18, 2024) |
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61. Department of Business and Professional Regulation |
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61B. Division of Florida Condominiums, Timeshares and Mobile Homes |
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61B-80. The Arbitration Rules Of Procedure Governing Recall And Election Disputes In Homeowners' Associations |
61B-80.114. Summary Disposition; Simplified Arbitration Procedure; No Disputed Issues of Material Fact
1(1) Any dispute that does not involve a disputed issue of material fact shall be arbitrated as provided in this rule. Where there are no disputed issues of material fact, no formal evidentiary hearing shall be conducted. The arbitrator shall decide the dispute based solely upon the pleadings and evidence filed by the parties.
55(2) At any time after the filing of the petition, if the parties do not dispute the important facts in a case, the arbitrator shall summarily enter a final order denying relief requested in the petition if the arbitrator finds that no preliminary basis for relief has been demonstrated in the petition.
107(3) At any time after the filing of the petition, if the parties do not dispute the important facts, the arbitrator shall summarily enter a final order awarding relief and failing to certify the recall if the arbitrator finds that no meritorious defense exists or if substantial compliance with the requirements of the rules and statutes relating to recall has not been demonstrated, and the petition is otherwise appropriate for relief.
178(4) Any party may move for summary final order whenever there are no disputed issues of material fact. The motion shall be accompanied by supporting affidavits if necessary. All other parties may, within 7 days of service of the motion, file a response in opposition, with or without supporting affidavits.
228Specific Authority 230718.1255(4)(i), 231718.112(2)(j)5., 232720.303(10)(d), 233720.306(9), 234720.311(1) FS. 236Law Implemented 238720.303(10), 239720.306(9), 240720.311(1) FS. 242History–New 2-3-05.
