STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION BELLEVIEW BILTMORE VILLAS-BAYSHORE CONDOMINIUM ASSOCIATION, INC., Petitioner, v. Case No. 2015-04-8335 CHESTERMAN R. BOWES, Respondent. / SUMMARY FINAL ORDER This matter comes before the undersigned upon the petition for mandatory nonbinding arbitration, pursuant to Section 718.1255, Florida Statutes. On October 30, 2015, Belleview Biltmore Villas-Bayshore II Condominium Association, Inc., (the Association) filed a petition for mandatory non-binding arbitration against Chesterman R. Bowes (Respondent). The Association s petition claims that Respondent is violating Article XVIII, Section 2, of the Association s Declaration of Condominium by not maintaining his unit in good condition and repair. Specifically, Respondent allegedly did not operate his air conditioning and left his patio doors open for the entire summer of 2015. As relief, the Association requests that Respondent be ordered to remediate mold damage to his unit and the common elements, maintain his air condition system at no higher than 78 degrees and keep the patio doors closed. On December 21, 2015, Respondent filed an answer to the petition admitting that he did not run the air conditioning and he had left the patio doors open. On March 16, 2016, the Association submitted an expert report. On March 31, 2016, Respondent filed Page 1 of 5
a response to the expert report. On June 20, 2016, the Association filed a reply to Respondent s response. Findings of Fact 1. Petitioner, Belleview Biltmore Villas-Bayshore II Condominium Association, Inc. is the entity responsible for the operation and maintenance of Belleview Biltmore Villas-Bayshore II, a Condominium. 2. Respondent owns Units #705 in Belleview Biltmore Villas-Bayshore II, a Condominium. 3. The Association submitted a report from Stephen Accola of Accola Enterprises, Inc., a licensed contractor who specializes in air quality. Mr. Accola stated that microbial growth was present and recommended that 1) a thorough microbial cleaning of the unit be required; 2) the air conditioning system should be cleaned and checked to make sure it is correctly working to keep humidity at proper levels; and 3) the area around the guest bath commode should be checked to determine the source of the water leak. 4. Respondent did not provide any competent evidence to dispute Mr. Accola s findings and recommendations. 5. Article XVIII, Section 2, of the Association s Declaration of Condominium states, All unit owners shall keep and maintain their respective units in good condition and repair, and shall promptly pay for utilities which are separately metered to the unit. Page 2 of 5
Conclusions of Law Because there is no issue of material fact in dispute after the filings provided to date by the parties, this case is appropriate for summary disposition pursuant to Rule 61B-45.030, Florida Administrative Code. Pursuant to Section 718.1255, Florida Statutes, the Division has jurisdiction over a dispute involving the authority of the board to require an owner to take action with respect to the owner's unit or appurtenances, including common elements. Pursuant to Section 718.303(1), Florida Statutes, Respondent is required to comply with the Association s Declaration of Condominium. Respondent has failed to comply with Article XVIII, Section 2, of the Association s Declaration of Condominium by not operating his air conditioning unit and leaving his patio doors open during the summer of 2015. His actions resulted in mold growth affecting his unit and the common elements. Therefore, it is ORDERED: 1. Respondent shall maintain his air conditioning system at no higher than 78 degrees. 2. Respondent shall keep his patio doors closed as necessary to prevent the growth of mold. 3. No later than October 31, 2016, Respondent shall: a. perform a thorough microbial cleaning of the unit and common elements affected by mold growth; b. clean and check the air conditioning system to make sure it is correctly working to keep humidity at proper levels; Page 3 of 5
c. check the area around the guest bath commode to determine the source of the water leak and repair it if necessary; and d. provide proof to the Association that the work has been satisfactorily completed. 4. If Respondent does not comply with the conditions in paragraph 3 by October 31, 2016, the Association may enter the unit and perform the work at Respondent s expense. DONE AND ORDERED this 9th day of September, 2016, at Tallahassee, Leon County, Florida. Terri Leigh Jones, Arbitrator Department of Business and Professional Regulation Arbitration Section 2601 Blair Stone Road Tallahassee, Florida 32399-1030 Telephone (850) 414-6867 Facsimile (850) 487-0870 Trial de novo and Attorney s Fees This decision shall be binding on the parties unless a complaint for trial de novo is filed in accordance with Section 718.1255, Florida Statutes. As provided Section 718.1255, Florida Statutes, the prevailing party in this proceeding is entitled to have the other party pay reasonable costs and attorney s fees. Any such request must be filed in accordance with Rule 61B-45.048, Florida Administrative Code. Page 4 of 5
Certificate of Service I hereby certify that a true and correct copy of the foregoing summary final order has been sent by U.S. Mail and facsimile (if provided) to the following persons on this 9th day of September, 2016: Steven H. Mezer, Esq. Becker & Poliakoff, P.A. 1511 N. Westshore Blvd. Suite 1000 Tampa, FL 33607 Fax: 813-286-7683 Attorney for Petitioner Chesterman R. Bowes 215 Orangeview Ave. Clearwater, FL 33755 Respondent Terri Leigh Jones, Arbitrator Page 5 of 5