“Trial Court Order Enforces Condominium Declaration’s Pre-Suit Mediation and Arbitration Provisions”

Jonathan Ayers of Bilzin Sumberg has this article in JD Supra, discussing the Florida Circuit Court decision in Coach Homes II at Gran Paradiso Condominium Association, Inc. v. Lennar Homes, LLC , in which the court held that a condominium association’s claims against the developer for construction defects were subject to provisions in the condominium declaration requiring that such claims be mediated and arbitrated. As the article explains, the court’s order “recognizes that courts will not hesitate to enforce written mandatory pre-suit requirements—even when such requirements may be located in a recorded condominium declaration. Declarations operate like any other contract.”

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