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About the Division of Condominiums, Timeshares and Mobile Homes (CTMH)

The Florida Department of Business and Professional Regulation’s (DBPR) CTMH Division oversees five program areas: condominiums, cooperatives, timeshares, mobile homes, and yacht and ship brokers and salespersons.

The Division plays a crucial role in the oversight of condominiums, cooperatives, timeshares, and mobile homes in Florida. CTMH oversees the establishment of the entities through the review of the governing documents to ensure compliance with Florida Statutes.

CTMH is also charged with investigating complaints and providing education about the rights and responsibilities of condominium and cooperative associations, board members, and unit owners.

The Division supports Florida’s condominium community by providing the following services:

Education

DBPR is committed to helping Florida’s condominium board members understand their rights and responsibilities. The Department provides educational resources for condominium and homeowners association board members free of charge. The Division offers 10 courses, including the four-hour Board Member Certification Course required by Florida Statute. Board members can sign up to take a course on the Division’s calendar or request to schedule a presentation of the course of their choice. Learn more on our education page.

Complaints

DBPR’s Compliance team is the investigative arm of CTMH and handles constituent complaints related to: financial issues, elections, access to records, the procedural completion of structural integrity reserve studies, and unlawful behavior by condo board members. The Division has the authority to impose penalties for violations of the statutes and administrative codes.

DBPR’s Division of Regulation investigates complaints related to DBPR-licensed professions, including Community Association Managers (CAMs).

Complaints can be filed at a DBPR location, by mail, or online.

Ombudsman’s Office

DBPR’s Office of the Ombudsman serves as a neutral liaison to help resolve disputes and provides resources to aid condominium unit owners and board members in understanding their rights and responsibilities. The Ombudsman’s Office also oversees the Election Monitor Program. More about the powers and duties of the Ombudsman can be found in section 718.5012, Florida Statutes.

Election Monitoring

DBPR’s Election Monitor Program, administered by the Office of the Ombudsman, helps condominium residents and board members ensure a fair and transparent election process. Fifteen percent of the total voting interests or six unit owners, whichever is greater, may petition to appoint an election monitor to attend the annual meeting of the unit owners and conduct the election of directors.

Arbitration

DBPR’s arbitration team can provide a just, speedy and inexpensive alternative to litigation in the courts.  As an alternative to litigation, DBPR offers non-binding arbitration for certain disputes, particularly those related to the operation of the community association.

Arbitration is a formal process in which an arbitrator has the authority to decide a condominium or cooperative dispute in accordance with the law. Unlike mediation, the resolution of a dispute according to an arbitrator’s decision is not based on the voluntary acceptance of the parties; instead, the arbitrator has the authority to render a decision based on the facts involved in the parties’ dispute.

Types of disputes eligible for arbitration

Section 718.1255, Florida Statutes defines disputes eligible for arbitration or pre-suit mediation as any disagreement between two or more parties and the authority of the board of directors or the association’s governing document.

Eligible disputes include:

1. Condominium Disputes
a. Authority of the Board of Directors to:
i. Require any owner to take or not take action involving the owner’s unit.
ii. Alter or add to a common area or element.

b. Failure of a governing body when required by this Chapter or the governing documents, to:
i. Properly conduct elections.
ii. Give adequate notice of meetings or other actions.
iii. Properly conduct meetings.
iv. Allow inspections of books and records.
v. Properly conduct a plan of termination pursuant to s. 718.117, F.S. vi. Unit owners’ representative and deposed Board member challenges to recall.

2. Homeowners’ Associations Disputes
a. Challenge an election in a homeowners’ association – s. 720.306, F.S.
b. Seek to recall members of the Board of Directors – s. 720.303(10), F.S.

Disputes Ineligible for Arbitration

Disputes not eligible for arbitration or pre-suit mediation include any disagreement that primarily involves:

  1. Title to any unit or common element;
  2. The interpretation or enforcement of any warranty;
  3. The levy of a fee or assessment;
  4. The collection of an assessment levied against a party;
  5. The eviction or other removal of a tenant from a unit;
  6. Alleged breaches of fiduciary duty by one or more directors;
  7. Claims for damages to a unit based upon the alleged failure of the association to maintain the common elements or condominium property.

Disputes must be filed within 60 days after the election results are announced

How to file an arbitration petition

All arbitration forms may be found on DBPR’s website or by submitting a written request by mail to:

Department of Business and Professional Regulation
Division of Florida Condominiums, Timeshares, and Mobile Homes – Arbitration Section
2601 Blair Stone Road
Tallahassee, Florida 32399-1030

For homeowners’ association recall and election disputes, the cost includes a $200 filing fee that must accompany the petition for arbitration, plus the Department’s fee that is invoiced at the conclusion of the proceeding. The Department’s fee will be an amount adequate to cover all costs and expenses incurred by the Department in conducting the arbitration proceeding. Please note, if you lose in arbitration, you may have to pay the other side’s attorneys fees and costs.

Contact Us

If you have questions or need assistance, please contact DBPR's Division of Condominiums, Timeshares, and Mobile Homes.

Tallahassee Regional Office/Headquarters

2601 Blair Stone Road
Tallahassee, FL 32399

(850) 487-1395

CTMHEducation@MyFloridaLicense.com

DBPR's Division of Condominiums, Timeshares, and Mobile Homes Regulation maintains five regional offices throughout the state of Florida. View our service area map, contact information for your local office and learn how to schedule an appointment with our team below

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