CTMH Info Packet 2.2024

DIVISION JURISDICTION EXPLAINED

CTMH has been given statutory authority by the Legislature to investigate the following types of condo

complaints:

Financial issues related to operating budgets,

reserve schedules, financial records and

notices of meetings for budget or other

financial-related meetings

The maintenance of and unit owner access

to association records

The procedural completion of

structural integrity reserve studies

Procedures of elections including the

integrity, notices and operations of an

election

CTMH has authority to arbitrate homeowners’ association election and recall disputes under s. 720.311, F.S.

FLORIDA CONDOS AT A GLANCE

DBPR DIVISION OF CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES

JURISDICTION AND SERVICES

MAIN SERVICES THE DIVISION PROVIDES

Establishment of

Condominiums

Education

Arbitration

Jurisdictional Complaints

and Investigations

Office of the Condominium

Ombudsman

CONTACT THE CTMH EDUCATION SECTION

To learn more about state resources and to make requests for FREE in-person

courses and/or virtual webinars, please contact the CTMH Education Section by

calling (954) 202-6831 or emailing [email protected].

DBPR CONDO EDUCATIONAL RESOURCES

CTMH has a dedicated education team that facilitates several courses for condominium board members and

unit owners alike. Courses are free, offered both virtually and in-person, and offered in both English and

Spanish. Courses can also be requested for specific topics or audiences to best fit the needs of the association.

The calendar of upcoming events is available online at bit.ly/CondoEducation.

Courses offered

Board member certification

Association responsibilities

Meetings and notices

CTMH’s jurisdiction and the complaint process

Budgets and reserves

CTMH’s jurisdiction and the election process

Financial reporting

CTMH’s jurisdiction – financial issues

CTMH’s jurisdiction – records access

Unit owner rights and responsibilities

The education team is also responsible for reviewing and approving Board Member Certification

courses for anyone who wishes to teach a Board Member Certification.

DIVISION OF CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES

EDUCATION AND OUTREACH

PRESENTATION REQUEST FORM

Scan the QR Code to the right to request a tentative date and time for an in-person

or virtual presentation from the CTMH Education Section. After review, a response

will be sent to confirm the requested date and time or, if the requested date and

time is unavailable, to propose another date and time.

Intake will try to call the constituent to provide an update if the

case is being closed for a deficiency in one of the above reasons,

or if the case is going to a regional office for investigation.

Intake sends out a letter within

seven days notifying the constituent

if the case remains open.

The assigned regional

investigator will contact the

complainant and confirm the

allegations in the complaint.

DIVISION OF CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES

COMPLAINTS, DISPUTES AND INVESTIGATIONS

STATUTORILY TASKED TO HANDLE CERTAIN DISPUTES AND COMPLAINTS

DBPR’s Division of Condominiums, Timeshares, and Mobile Homes is well-equipped to handle the

complaints regarding financial issues, elections, records and structural integrity reserve studies as authorized

in s. 718.501(1), F.S.

THE COMPLAINTS AND INVESTIGATIONS PROCESS

CTMH receives a complaint, and

it is assigned to the intake unit.

Generally within 48 hours, the

intake team will review the

complaint for three things:

Is the allegation jurisdictional?

Is the allegation a violation?

Was documentation provided?

The investigator will send out this

process checklist every 30 days and

strives to complete the investigation

within 60 days.

After multiple levels of approval,

the case is transferred to the

Office of General Counsel for legal

review and determination.

If allegations are not going to be

investigated, they explain why.

If the case remains open, a process

checklist is provided.

Units

Monitor’s Fee

0-25

$250

26-50

$325

51-99

$400

100-150

$3 per unit, plus $150

150+

$2.50 per unit, plus $125

DIVISION OF CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES

OFFICE OF THE CONDOMINIUM OMBUDSMAN

DBPR OFFICE OF THE CONDOMINIUM OMBUDSMAN DUTIES – S. 718.5012, F.S.

Act as a neutral resource and liaison

The Ombudsman acts as a neutral resource and liaison between all affected parties and CTMH in

regard to rights and responsibilities of unit owners, associations and board members.

Provide resources and assistance

The Ombudsman assists condominium unit owners, directors, association managers and other

affected parties by providing resources in order to understand respective rights and responsibilities

and to carry out their powers and duties.

Facilitate communication

The Ombudsman encourages and facilitates voluntary meetings in order to resolve disputes between

all affected parties with respect to financial matters, elections and access to records.

Make informed recommendations

The Ombudsman makes recommendations to CTMH for changes in rules and procedures for the

filing, investigation and resolution of complaints filed by unit owners, associations and managers.

DBPR ELECTION MONITOR PROGRAM

The Office of the Ombudsman oversees the Election Monitor Program, where 15% 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.

Instructions on how to petition for appointment of an election monitor, as well as the appropriate

petition form, are available under Forms at

bit.ly/CondoOmbudsman.

Petitions can be emailed to [email protected] or dropped off / mailed to:

1400 W. Commercial Blvd.

Suite 185

Fort Lauderdale, FL 33309

Petitions must be received no less than 14 days prior to the annual meeting and election.

The election monitor fee schedule does not include

travel costs of $1 per mile over 20 miles. There are

no travel costs for one-way travel under 20 miles.

DIVISION OF CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

ARBITRATION

ARBITRATION JURISDICTION

Arbitration is housed within the DBPR Office of General Counsel. The jurisdiction is defined in s. 718.1255(4), F.S.

ARBITRATION DISPUTE TYPES

Condominium Act – Chapter 718, F.S.1.

Authority of the Board of Directors to:a.

Require any owner to take or not take action involving the owner’s unit.i.

Alter or add to a common area or element.ii.

Failure of a governing body when required by this Chapter or the governing documents, to:b.

Properly conduct elections.i.

Give adequate notice of meetings or other actions.ii.

Properly conduct meetings.iii.

Allow inspections of books and records.iv.

Properly conduct a plan of termination pursuant to s. 718.117, F.S.v.

Unit owners’ representative and deposed Board member challenges to recall.vi.

EXAMPLES

Failure to follow association rules; failure to maintain a unit; material alterations of the common

elements by the association or the unit owner; unit owner actions creating a nuisance;

unauthorized pets; etc.

2. Homeowners’ Associations – s. 720.311(1), F.S.

Challenge an election in a homeowners’ association – s. 720.306, F.S.a.

Seek to recall members of the Board of Directors – s. 720.303(10), F.S.b.

ARBITRATION CONTACT INFORMATION

Visit the DBPR website for official forms and more information at bit.ly/DBPRarbitration, call the

DBPR Arbitration team at (850) 414-6867 or email [email protected].

ARBITRATION PURPOSE

Arbitration is a formal process in which the arbitrator has the authority to decide the 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. The arbitrator’s decision is final and binding on the parties if the

parties agree in advance to be bound by the arbitrator’s decision, or if the matter is not filed in court for a new

trial within 30 days of the arbitrator’s decision.

Dismisses the petition for lack of jurisdiction

or other failure to comply with statutory

requirements, or

The arbitrator reviews the answer to the petition and addresses any motions

filed by the parties, and determines if a response to the answer is appropriate.

The arbitrator holds a case management hearing.

The arbitrator determines if the petition is ripe for mediation, and the dispute

may be ordered to mediation.

If there are no material issues of fact or law

in dispute, the arbitrator issues a Summary

Final Order based on documentary evidence

submitted by the parties. Parties are given

an opportunity to submit final briefs.

DIVISION OF CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES

THE ARBITRATION PROCESS

A unit owner or condo

association submits an

arbitration petition

with a filing fee.

An assigned arbitrator

reviews the petition and

makes one of two

determinations:

Respondent files

its answer to the

petition.

The filing fee is $50 for condos,

co-ops and mobile homes, and $200

for homeowners’ associations.

If there are material issues of fact or

law in dispute, the arbitrator sets a

Formal Hearing where the parties have

an opportunity to present witnesses

and documentary evidence.

Issues a preliminary order requiring Petitioner

to amend or supplement its petition, or

requiring Respondent to answer the petition.

After the Formal

Hearing, the arbitrator

issues a Final Order.

The prevailing party in

the arbitration can

submit a motion for

attorney’s fees and costs.

The arbitrator issues a

Final Order on fees and

costs.

Most cases are resolved in 3 to 6

months. Some complicated and heavily

litigated cases will take longer.

Tampa Regional Office

1313 N. Tampa Street

Suite 712

Tampa, FL 33602

(813) 233-2931

DIVISION OF CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES

REGIONAL OFFICES AND CONTACT INFORMATION

DBPR DIVISION OF CONDOMINIUMS, TIMESHARES AND MOBILE HOMES LOCATIONS

Tallahassee Regional Office/Headquarters

2601 Blair Stone Road

Tallahassee, FL 32399

(850) 487-9948

Fort Lauderdale Regional Office

1400 West Commercial Blvd.

Suite 185

Fort Lauderdale, FL 33309

(954) 202-3982

Orlando Regional Office

400 W. Robinson Street

Suite N-908

Orlando, FL 32801

(407) 317-7226

All non-financial Timeshare

cases are assigned to this office.

Doral Regional Office

8550 NW 33rd Street

Suite 401

Doral, FL 33122

(305) 629-1880

Note - This location will be set

up with a kiosk.

*Spanish spoken here.

REGIONAL OFFICE INFORMATION

Each regional office is open Monday-Friday, 8 a.m.-5 p.m.

FILE A COMPLAINT

To file a complaint, residents may visit MyFloridaLicense.com, click the yellow “File a Complaint” button, and

either complete the form for Condominiums/Cooperatives using DBPR’s online portal or download the

Condominiums/Cooperatives form to fill out by hand and mail to DBPR headquarters. Residents can also file a

complaint by calling the DBPR Customer Contact Center at (850) 487-1395.

CONTACT THE OFFICE OF THE OMBUDSMAN

Residents may email their questions to [email protected].

FIND MORE INFORMATION ABOUT ARBITRATION

This office is set up with a kiosk to assist

unit owners in filing a complaint.

*Spanish spoken here.

Each office is equipped to handle walk-in appointments with constituents.

REQUEST FREE IN-PERSON OR VIRTUAL WEBINARS

Call the CTMH Education Section at (954) 202-6831 or email [email protected].

Visit bit.ly/DBPRarbitrati on or email [email protected] for more information.

Schedule an

appointment with

an investigator.

DIVISION ROLE

The Division of Florida Condominiums, Timeshares, and Mobile Homes (CTMH) is charged with providing

oversight of the Florida residential communities it regulates through education, complaint resolution,

developer disclosure and mediation, and alternative dispute resolution through the Office of General Counsel.

DIVISION JURISDICTIONAL AUTHORITY

Developer-controlled condominiums – s. 718.501(1), F.S.

CTMH may enforce and ensure compliance with this chapter and rules relating to the development,

construction, sale, lease, ownership, operation, and management of residential condominium units

and complaints related to the procedural completion of milestone inspections under s. 553.899, F.S.

Unit owner-controlled condominiums – s. 718.501(1), F.S.

After turnover has occurred, CTMH has jurisdiction to investigate complaints related only to

financial issues, elections and the maintenance of and unit owner access to association records

under s. 718.111(12), F.S., and the procedural completion of structural integrity reserve studies under

s. 718.112(2)(g), F.S.

Statutory contact requirements – s. 718.501(1)(m), F.S.

CTMH must acknowledge the complaint in writing within 30 days from receipt of complaint; must

provide a status update 90 days after a case has been open (CTMH provides substantive updates

within 30 days from receipt); and must conduct investigation and take action within 90 days.

Education team – s. 718.501(j), F.S.

CTMH shall provide training and educational programs for condominium association board

members and unit owners. The training may include web-based electronic media, live training and

seminars in various locations throughout the state. CTMH may review and approve education and

training programs for board members and unit owners offered by providers and shall maintain a

current list of approved programs and providers, and make such list available to board members and

unit owners in a reasonable and cost-effective manner.

Ombudsman’s Office – s. 718.5012, F.S.

The Ombudsman’s Office acts as a liaison for CTMH and develops policies and procedures to assist

unit owners, boards of directors, board members, community association managers, and other affected

parties to understand their rights and responsibilities as set forth in Florida law and the

condominium documents governing their respective association. The Ombudsman’s Office also

monitors and reviews procedures and disputes concerning condo elections or meetings. The

Ombudsman’s Office assists with the resolution of disputes between unit owners and the association,

or between unit owners when the dispute is not within the jurisdiction of CTMH to resolve.

DIVISION OF CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES

JURISDICTIONAL AUTHORITY