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RESOLUTION NO. 2020- <br /> X35 <br /> A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY <br /> ISLES BEACH,FLORIDA,AUTHORIZING AND DIRECTING THE CITY <br /> MANAGER OR HIS DESIGNEE TO PETITION THE FLORIDA <br /> DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, <br /> DIVISION OF LAND SALES, CONDOMINIUMS AND MOBILE HOMES <br /> ("DBPR") TO CERTIFY AN ARBITRATOR TO PERFORM <br /> ARBITRATIONS PURSUANT TO FLORIDA STATUTE 718.1255 WITHIN <br /> THE CITY OF SUNNY ISLES BEACH; TO FURTHER PETITION DBPR <br /> TO HAVE REPRESENTATIVES OF FLORIDA'S OFFICE OF THE <br /> CONDOMINIUM OMBUDSMAN PROVIDE MONTHLY SERVICES <br /> WITHIN THE CITY OF SUNNY ISLES BEACH; AND TO DO ALL <br /> THINGS NECESSARY IN FURTHERANCE THEREOF; PROVIDING <br /> FOR AN EFFECTIVE DATE. <br /> WHEREAS,the City of Sunny Isles Beach("City")currently has over 100 condominiums <br /> located within its jurisdictional limits, and the overwhelming majority of residents live in them; <br /> and <br /> WHEREAS, local news media outlets have documented abuses and outright voting and <br /> financial fraud committed by many condominium associations, while owners often find <br /> themselves embroiled in disputes or even costly litigation with their associations; and <br /> WHEREAS, the Florida Legislature in enacting Florida Statute 718.1255, specifically <br /> found that unit owners are frequently at a disadvantage when litigating against an association, as <br /> associations are more able to bear the costs and expenses of litigation than the unit owner who <br /> must rely on his or her own financial resources to satisfy the costs of litigation against the <br /> association; and <br /> WHEREAS, Florida Statute 718.1255 provides for an alternative dispute resolution, by <br /> way of nonbinding arbitration and mediation, as a more efficient, cost-effective option to court <br /> litigation; and <br /> WHEREAS, the residents of the City wish to avail themselves of the arbitration process <br /> provided for in Florida Statute 718.1255, however, the governing agency, Division of Florida <br /> Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional <br /> Regulation("DBPR") is based out of Tallahassee,Florida,and its geographic location has become <br /> a significant barrier to residents seeking redress from the DBPR; and <br /> WHEREAS, Florida Statute 718.1255, provides in part, that the DBPR may certify <br /> attorneys who are not employed by the division to act as arbitrators to conduct the arbitration <br /> hearings; and <br /> WHEREAS, the City Commission believes it is in the best interest of the City to have a <br /> DBPR certified arbitrator to conduct arbitration hearings within the City, pursuant to Florida <br /> Statute 718.1255, which would be funded by the City for the benefit of its residents; and <br /> R2020 Authorize City Manager to Petition FDBPR Page 1 of 3 <br />