I'm a frequent blog replier but I do not see, even in archives, any question (or answer) on grievance resolution venues: Small Claim Courts, Arbitration, and Mediation. Is it the blog position not to discuss these issues? Or is it for lack of good questions? Let me volunteer one.
In Florida, the failure of an association to provide access for inspection of HOA official records is governed by: - Section 720.303 (5) (b) stating: “the association willful failure to comply entitles the owner to damages of $50 per calendar day, up to 10 days. Total: $500. - But also by section 720.311 (2) (a) “disputes regarding …access to the official records of the association shall be subject of a demand for pre-suit mediation”. A small court filling for $500 costs $85.00. A presuit mediation costs about $2,000. What is the best way to proceed? Is the owner required to spend $2,000 on mediation to eventually collect $500 for damages? Ultimately, if the owner prevails, the association will have to reimburse the $2,000. In HOA, can owners use Small Claim Courts for small grievances?
