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Filing # 120660345 E-Filed 02/02/2021 12:30:01 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA.
DIVISION AW
CASE NO. 2020-16911
COSTA HOLLYWOOD
CONDOMINIUM ASSOCIATION, INC.
Petitioner,
v.
COSTA 402 INC.
Respondent. /
RESPONDENT’S HEARING REQUEST AS TO PETITIONER’S MOTION TO JOIN
THE FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION,
AS A PARTY RESPONDENT
Respondent, COSTA 402 INC., et. al. (“Respondent”), by and through undersigned
counsel, files this Hearing Request as to Petitioner’s Motion to Join the Florida Department of
Business & Professional Regulation, as a Party Respondent and states as follows:
1. On December 24, 2020, Petitioner, COSTA HOLLYWOOD CONDOMINUM
ASSOCIATION, INC. (“CHC”), filed its Motion to Join the Florida Department of Business &
Professional Regulation (“DBPR”) as a Party Respondent (“Motion”).
2. On December 30, 2020, Respondent filed its Memorandum in Opposition to
Petitioner’s Motion.
3. On December 24, 2020, Petitioner filed its Reply Memorandum in Support of its
Motion.
4. In addition to the pending matter, Respondent is seeking relief in Arbitration due
to an election dispute with the Petitioner.
5. On January 28, 2021, the DBPR issued its Order Abating Respondent’s Petition for
LAW OFFICES
BECKER & POLIAKOFF
121 ALHAMBRA PLAZA + 10™ FLOOR * CORAL GABLES, FL 33134
TELEPHONE (305) 262-4433
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/02/2021 12:30:01 PM.****Mandatory Non-Binding Arbitration pending a resolution in this Court. A copy of the DBPR’s
Order is attached hereto marked Exhibit “A”).
6. As the pending arbitration is an election dispute, time is of the essence.
WHEREFORE, Respondent respectfully requests that this Court grant Respondent’s
request for a hearing on Petitioner’s pending Motion.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on February 2, 2021 I electronically filed the foregoing
document with the Clerk of the Court using E-Filing Portal. I also certify that a copy of the
foregoing document is being served this day via The Clerk’s Electronic E-Service Email on all
counsel of record, and on the Department of Business and Professional Regulation via fax,
electronic mail and regular mail to Joseph Whealdon, Chief Legal Counsel, Office of the General
Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road,
Tallahassee, FL 32399, Fax: 850-487-0870, Email: jwhealdon@myfloridalicense.com.
BECKER & POLIAKOFF, P.A.
Counsel for Respondent
121 Alhambra Plaza, 10 Floor
Coral Gables, FL 33134
Telephone: (305) 262-4433
Telecopier: (305) 442-2232
E-Mail: sdavis@beckerlawyers.com
mlopez@beckerlawyers.com
By:
STEVEN M. DAVIS
Florida Bar No. 894249
LAW OFFICES
BECKER & POLIAKOFF
121 ALHAMBRA PLAZA + 10™ FLOOR * CORAL GABLES, FL 33134
TELEPHONE (305) 262-4433
ACTIVE 14714329v.1STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES
IN RE: PETITION FOR ARBITRATION
Costa 402, Inc.,
Filed with
Petitioner, Arbitration Section
Vv. JAN 28 2024 Case No. 2021-00-2792
Costa Hollywood Div. of FL Condos, Timeshares & MH
Condominium Association, Inc2ePt of Business & Professional Reg
Respondent.
/
ORDER ABATING CASE
On January 19, 2021, Costa 402, Inc. (Petitioner) filed its petition for mandatory
non-binding arbitration naming Costa Hollywood Condominium Association, Inc.
(Association) as the respondent. The petition alleges jurisdiction under section
718.1255(1)(b)3., Florida Statutes, for the failure of the governing body to properly
conduct elections."
* Section 718.1255(1), Florida Statutes, provides as follows:
(1) DEFINITIONS.—As used in this section, the term “dispute” means any
disagreement between two or more parties that involves:
(a) The authority of the board of directors, under this chapter or association document
to:
1. Require any owner to take any action, or not to take any action, involving that
owner's unit or the appurtenances thereto.
2. Alter or add to a common area or element.
(b) The failure of a governing body, when required by this chapter or an association
document, to:
1, Properly conduct elections.
2. Give adequate notice of meetings or other actions.
3. Properly conduct meetings.
4. Allow inspection of books and records.
(c) A plan of termination pursuant to s. 718.117.
“Dispute” does not include any disagreement that primarily involves: title to any unit or
common element; the interpretation or enforcement of any warranty; the levy of a fee or
Page 1 of 4Pending Circuit Court Case
Previously, the identical parties, aligned identically, were involved in Arbitration
Case No. 2020-01-4108. In that case, the arbitrator entered a final order of dismissal
for lack of jurisdiction, finding there was no jurisdiction in arbitration to resolve the
access to records dispute “because the property was not a condominium as defined by
statute.” See Costa 402, Inc. v. Costa Hollywood Condo. Ass'n, Inc., Arb. Case No.
2020-01-4108, Final Order of Dismissal for Lack of Jurisdiction (Aug. 13, 2020)
[hereinafter Costa 402 |] (The development was not a condominium because under the
applicable statutes in chapter 718, the declaration of condominium lacked common
elements appurtenant to each unit wherein the unit owners have an undivided share.
Therefore, because a condominium was not involved, there was no jurisdiction in
arbitration.) (citing Beckett v. The Atlantic Hotel Condo. Ass'n, Inc., Arb. Case No. 2018-
01-0276, Final Order of Dismissal (May 11, 2018) (Petition alleged a recall dispute.
Petition dismissed for lack of jurisdiction. Typical common elements termed “shared
components” and deemed part of Hotel Unit. Held: Declaration did not create
condominium under applicable statutes; therefore, no jurisdiction in arbitration.); Gallery
One 311 Corp. v. Bonaventure Hotel Condo. Ass’n, Inc., Arb. Case No. 2015-03-6243,
Final Order of Dismissal (Jan. 22, 2016) (Petition alleged a termination of condominium
dispute. Petition dismissed for lack of jurisdiction. Typical common elements termed
“shared components” and deemed part of Shared Components Unit. Held: Declaration
assessment, or the collection of an assessment levied against a party; the eviction or
other removal of a tenant from a unit; alleged breaches of fiduciary duty by one or more
directors; or claims for damages to a unit based upon the alleged failure of the
association to maintain the common elements or condominium property.
Page 2 of 4did not create condominium under applicable statutes; therefore, no jurisdiction in
arbitration.)).
On September 15, 2020, the arbitrator in Costa 402 | entered a final order
denying the Association’s motion for rehearing because the motion was not properly
filed and consequently untimely under the applicable rule.2 On October 13, 2020, the
Association filed a petition for writ of certiorari in the Circuit Court of 17" Judicial Circuit
in and for Broward County, Florida, Case No.CACE20016911, seeking to quash the
final order denying the motion for rehearing, and require the arbitrator to consider the
motion for rehearing and the parties’ subsequent Joint Motion for Withdrawal of Final
Order, Dismissal of Case and for Status Conference. According to the online docket for
the circuit court case, that case remains pending before the circuit court.
Given that Costa 402 | is pending before the circuit court and involves the same
parties and the same jurisdictional issue as the instant case, the instant case will be
abated to allow the circuit court to render its decision, which decision may be
dispositive. Accordingly, it is
ORDERED:
Arbitration Case No. 2021-00-2792 is ABATED pending the decision of the
Circuit Court of 17" Judicial Circuit in and for Broward County, Florida, Case No.
CACE20016911, relating to Arbitration Case No. 2020-01-4108.
DONE AND ORDERED this 28th day of January, 2021, at Tallahassee, Leon
? The Association emailed its motion for rehearing on August 27, 2020. On September 11, 2020, the
Association emailed the parties’ Joint Motion for Withdrawal of Final Order, Dismissal of Case and for
Status Conference.
Page 3 of 4County, Florida.
Glenn Lang, Senior Attorney
Arbitration Section, Ofc. of the eerreral Counsel
Fla. Dept. of Business & Professional Regulation
2601 Blair Stone Road
Tallahassee, FL 32399-1030
Phone: (850) 414-6867 | FAX: (850) 487-0870
Copy furnished by email and by U.S. Mail to:
Steven M. Davis, Esq.
Becker & Poliakoff
121 Alhambra Plaza, 10" Floor
Coral Gables, Florida 33134-4540
Email: sdavis@beckerlawyers.com
for Petitioner
Coutesy copy furnished by email and by U.S. Mail to attorney named in petition as
representing Respondent:
Todd |. Stone, Esq.
The Stone Law Group
101 NE Third Avenue, Suite 1250
Fort Lauderdale, Florida 33301-1185
Email: tstone@tislaw.net
Page 4 of 4
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Filing # 120660345 E-Filed 02/02/2021 12:30:01 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. DIVISION AW CASE NO. 2020-16911 COSTA HOLLYWOOD CONDOMINIUM ASSOCIATION, INC. Petitioner, v. COSTA 402 INC. Respondent. / RESPONDENT’S HEARING REQUEST AS TO PETITIONER’S MOTION TO JOIN THE FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, AS A PARTY RESPONDENT Respondent, COSTA 402 INC., et. al. (“Respondent”), by and through undersigned counsel, files this Hearing Request as to Petitioner’s Motion to Join the Florida Department of Business & Professional Regulation, as a Party Respondent and states as follows: 1. On December 24, 2020, Petitioner, COSTA HOLLYWOOD CONDOMINUM ASSOCIATION, INC. (“CHC”), filed its Motion to Join the Florida Department of Business & Professional Regulation (“DBPR”) as a Party Respondent (“Motion”). 2. On December 30, 2020, Respondent filed its Memorandum in Opposition to Petitioner’s Motion. 3. On December 24, 2020, Petitioner filed its Reply Memorandum in Support of its Motion. 4. In addition to the pending matter, Respondent is seeking relief in Arbitration due to an election dispute with the Petitioner. 5. On January 28, 2021, the DBPR issued its Order Abating Respondent’s Petition for LAW OFFICES BECKER & POLIAKOFF 121 ALHAMBRA PLAZA + 10™ FLOOR * CORAL GABLES, FL 33134 TELEPHONE (305) 262-4433 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/02/2021 12:30:01 PM.****Mandatory Non-Binding Arbitration pending a resolution in this Court. A copy of the DBPR’s Order is attached hereto marked Exhibit “A”). 6. As the pending arbitration is an election dispute, time is of the essence. WHEREFORE, Respondent respectfully requests that this Court grant Respondent’s request for a hearing on Petitioner’s pending Motion. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on February 2, 2021 I electronically filed the foregoing document with the Clerk of the Court using E-Filing Portal. I also certify that a copy of the foregoing document is being served this day via The Clerk’s Electronic E-Service Email on all counsel of record, and on the Department of Business and Professional Regulation via fax, electronic mail and regular mail to Joseph Whealdon, Chief Legal Counsel, Office of the General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399, Fax: 850-487-0870, Email: jwhealdon@myfloridalicense.com. BECKER & POLIAKOFF, P.A. Counsel for Respondent 121 Alhambra Plaza, 10 Floor Coral Gables, FL 33134 Telephone: (305) 262-4433 Telecopier: (305) 442-2232 E-Mail: sdavis@beckerlawyers.com mlopez@beckerlawyers.com By: STEVEN M. DAVIS Florida Bar No. 894249 LAW OFFICES BECKER & POLIAKOFF 121 ALHAMBRA PLAZA + 10™ FLOOR * CORAL GABLES, FL 33134 TELEPHONE (305) 262-4433 ACTIVE 14714329v.1STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION Costa 402, Inc., Filed with Petitioner, Arbitration Section Vv. JAN 28 2024 Case No. 2021-00-2792 Costa Hollywood Div. of FL Condos, Timeshares & MH Condominium Association, Inc2ePt of Business & Professional Reg Respondent. / ORDER ABATING CASE On January 19, 2021, Costa 402, Inc. (Petitioner) filed its petition for mandatory non-binding arbitration naming Costa Hollywood Condominium Association, Inc. (Association) as the respondent. The petition alleges jurisdiction under section 718.1255(1)(b)3., Florida Statutes, for the failure of the governing body to properly conduct elections." * Section 718.1255(1), Florida Statutes, provides as follows: (1) DEFINITIONS.—As used in this section, the term “dispute” means any disagreement between two or more parties that involves: (a) The authority of the board of directors, under this chapter or association document to: 1. Require any owner to take any action, or not to take any action, involving that owner's unit or the appurtenances thereto. 2. Alter or add to a common area or element. (b) The failure of a governing body, when required by this chapter or an association document, to: 1, Properly conduct elections. 2. Give adequate notice of meetings or other actions. 3. Properly conduct meetings. 4. Allow inspection of books and records. (c) A plan of termination pursuant to s. 718.117. “Dispute” does not include any disagreement that primarily involves: title to any unit or common element; the interpretation or enforcement of any warranty; the levy of a fee or Page 1 of 4Pending Circuit Court Case Previously, the identical parties, aligned identically, were involved in Arbitration Case No. 2020-01-4108. In that case, the arbitrator entered a final order of dismissal for lack of jurisdiction, finding there was no jurisdiction in arbitration to resolve the access to records dispute “because the property was not a condominium as defined by statute.” See Costa 402, Inc. v. Costa Hollywood Condo. Ass'n, Inc., Arb. Case No. 2020-01-4108, Final Order of Dismissal for Lack of Jurisdiction (Aug. 13, 2020) [hereinafter Costa 402 |] (The development was not a condominium because under the applicable statutes in chapter 718, the declaration of condominium lacked common elements appurtenant to each unit wherein the unit owners have an undivided share. Therefore, because a condominium was not involved, there was no jurisdiction in arbitration.) (citing Beckett v. The Atlantic Hotel Condo. Ass'n, Inc., Arb. Case No. 2018- 01-0276, Final Order of Dismissal (May 11, 2018) (Petition alleged a recall dispute. Petition dismissed for lack of jurisdiction. Typical common elements termed “shared components” and deemed part of Hotel Unit. Held: Declaration did not create condominium under applicable statutes; therefore, no jurisdiction in arbitration.); Gallery One 311 Corp. v. Bonaventure Hotel Condo. Ass’n, Inc., Arb. Case No. 2015-03-6243, Final Order of Dismissal (Jan. 22, 2016) (Petition alleged a termination of condominium dispute. Petition dismissed for lack of jurisdiction. Typical common elements termed “shared components” and deemed part of Shared Components Unit. Held: Declaration assessment, or the collection of an assessment levied against a party; the eviction or other removal of a tenant from a unit; alleged breaches of fiduciary duty by one or more directors; or claims for damages to a unit based upon the alleged failure of the association to maintain the common elements or condominium property. Page 2 of 4did not create condominium under applicable statutes; therefore, no jurisdiction in arbitration.)). On September 15, 2020, the arbitrator in Costa 402 | entered a final order denying the Association’s motion for rehearing because the motion was not properly filed and consequently untimely under the applicable rule.2 On October 13, 2020, the Association filed a petition for writ of certiorari in the Circuit Court of 17" Judicial Circuit in and for Broward County, Florida, Case No.CACE20016911, seeking to quash the final order denying the motion for rehearing, and require the arbitrator to consider the motion for rehearing and the parties’ subsequent Joint Motion for Withdrawal of Final Order, Dismissal of Case and for Status Conference. According to the online docket for the circuit court case, that case remains pending before the circuit court. Given that Costa 402 | is pending before the circuit court and involves the same parties and the same jurisdictional issue as the instant case, the instant case will be abated to allow the circuit court to render its decision, which decision may be dispositive. Accordingly, it is ORDERED: Arbitration Case No. 2021-00-2792 is ABATED pending the decision of the Circuit Court of 17" Judicial Circuit in and for Broward County, Florida, Case No. CACE20016911, relating to Arbitration Case No. 2020-01-4108. DONE AND ORDERED this 28th day of January, 2021, at Tallahassee, Leon ? The Association emailed its motion for rehearing on August 27, 2020. On September 11, 2020, the Association emailed the parties’ Joint Motion for Withdrawal of Final Order, Dismissal of Case and for Status Conference. Page 3 of 4County, Florida. Glenn Lang, Senior Attorney Arbitration Section, Ofc. of the eerreral Counsel Fla. Dept. of Business & Professional Regulation 2601 Blair Stone Road Tallahassee, FL 32399-1030 Phone: (850) 414-6867 | FAX: (850) 487-0870 Copy furnished by email and by U.S. Mail to: Steven M. Davis, Esq. Becker & Poliakoff 121 Alhambra Plaza, 10" Floor Coral Gables, Florida 33134-4540 Email: sdavis@beckerlawyers.com for Petitioner Coutesy copy furnished by email and by U.S. Mail to attorney named in petition as representing Respondent: Todd |. Stone, Esq. The Stone Law Group 101 NE Third Avenue, Suite 1250 Fort Lauderdale, Florida 33301-1185 Email: tstone@tislaw.net Page 4 of 4