Intracoastal Point Condominium Association, a Condominium Association v. Horowitz, 36 Fla. L. Wkly D73 (Fla. 3d DCA Jan. 5, 2011)

Condominium unit owners filed a lawsuit seeking a declaratory judgment against the Intracoastal Point Condo Assoc.  Specifically, the unit owners alleged that they did not receive proper notice of a ‘special meeting.’  The Association moved to dismiss alleging that the unit owners did not follow the required pre-suit arbitration procedures required by Sec. 718.1255(4)(a), Fla. Stat.  The trial court denied this motion and the Third DCA reversed, finding that unit owners were required to participate in pre-suit arbitration before filing suit.