CWELT-2008 Series 1045 LLC v. Park Gardens Association, Inc.
CWELT, a condominium unit owner, sued its association over a leasing-restriction amendment without first petitioning for nonbinding arbitration under section 718.1255(4)(a). When the association later counterclaimed based on the same amendment, CWELT moved to dismiss for failure to arbitrate; the Third DCA affirmed denial, holding CWELT waived the presuit arbitration requirement by filing and prosecuting its own suit, and that the counterclaim did not revive that waived right because it did not alter the scope and nature of the litigation.
Key facts
- CWELT-2008 Series 1045 LLC, a condominium unit owner, sued Park Gardens Association, Inc. over a leasing-restriction amendment imposed by the association.
- CWELT filed its lawsuit in circuit court without first petitioning for nonbinding arbitration as required by section 718.1255(4)(a).
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Why it matters
This decision extends the Sterling waiver rationale from an original complaint to a counterclaim and imports the general arbitration 'revival' doctrine (Hawkins/Chaikin) into the Chapter 718 presuit arbitration context… — full analysis with a trial
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