SCANNED VERSION

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STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES

    

IN RE: PETITION FOR ARBITRATION

   

David B. Parker

           Petitioner,

v.                                                                                                          Case No. 2007-04-5781

East Linden Estates

Homeowners Association, Inc.           

Respondent.

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ORDER TO SHOW CAUSE

On August 10, 2007, a Petition was filed on behalf of Petitioner, as a member of

Respondent Owners' Association. Although Petitioner named certain individuals as respondents, the allegations are properly construed to set out a dispute with the Association for purposes of arbitration. Sections 720.311 and 718.1255, Florida Statutes govern such a petition. Subsection 718.1255(4)(b). Florida Statutes. requires that the petition recite, and have attached thereto, supporting proof that the petitioner gave the respondent: 

  

1.      Advance written notice of the specific nature of the dispute;

2.      A demand for relief, and a reasonable opportunity to comply. or to provide 

         the relief; and

3.      Notice of the intention to file an arbitration petition or other legal action in the

         absence of a resolution of the dispute. 

Section 718. 1255(4)(b) further provides that failure to include the allegations or proof of compliance with these prerequisites requires dismissal of the petition without prejudice. 

Based upon the petition and Its attachments, it does not appear that the Petitioner provided proper pre-arbitration notice to East Linden Estates Homeowners' Association, Inc. Accordingly, Petitioner shall within ten (10) days of the date of this order show cause why the petition should not be dismissed for failure to comply with pre-arbitration notice requirements of section 718.1255(4)(b), Ronda Statutes. 

 

            DONE AND ORDERED this 20th day of August, 2007, at Tallahassee, Leon County, Florida.

Copy furnished to: 

 

David B. Parker 

12470 Winston Ct. 

Spring Hill, FL 34609