Allison v. The Grand at Olde Carrollwood Condominium Association, Inc.
Hillsborough · FL · Florida Second District Court of Appeal
MIXED · other
What happened
William Allison replaced carpet with vinyl at The Grand at Olde Carrollwood without prior ARC approval, received violation notices and two $1,000 fines, and petitioned for nonbinding arbitration raising selective/arbitrary enforcement—prevailing there. The association filed for trial de novo. The circuit court treated the proceeding like appellate review of the arbitration order and entered mixed summary judgment (association on flooring; Allison on one fine). The Second DCA reversed and remanded for a true trial de novo, and rejected the association's argument that selective enforcement cannot be raised as a defensive shield in arbitration or in the trial-de-novo court when the association seeks to enforce flooring rules and fines.
What the court (or agency) held
VERIFY / REMAND — not a final merits win on flooring or fines. After Allison won nonbinding arbitration, the association filed for trial de novo. The circuit court improperly treated the proceeding like appellate review of the arbitration order rather than a full new trial, and entered mixed summary judgment. The Second DCA reversed and remanded for a true trial de novo. It also rejected the association's argument that selective enforcement cannot be raised as a defensive shield in arbitration or in the trial-de-novo court when the association seeks to enforce flooring rules and fines. MIXED/remand.
Why this matters for members
This result is MIXED — a partial win, not a clean sweep on every claim. Florida condo arbitration trial de novo is a new trial, not appellate review of the arbitrator. Selective-enforcement defenses remain available when the association seeks to enforce rules and fines.
What the member did
Raised selective enforcement and related defenses in arbitration and again as affirmative defenses/counterclaims to fines in the circuit court; insisted on a full trial de novo rather than limited review.
What did not work
Summary disposition without a true trial de novo—reversed; court refused to enter judgment for Allison on the present record.
Questions for the board
- If we seek trial de novo after arbitration, are we prepared to try the entire case anew?
- What evidence shows consistent enforcement of the same flooring rule against similarly situated owners?
- How were fine notice and hearing requirements documented for each $1,000 fine?
Questions for a lawyer
- Was the circuit proceeding conducted as a true trial de novo?
- How should selective-enforcement evidence be developed for trial?
- What is preserved from the arbitration award versus what must be retried?
Citation
Allison v. The Grand at Olde Carrollwood Condominium Association, Inc., 369 So. 3d 1200 (Fla. 2d DCA 2023); No. 2D22-1521 (2023-08-18). Florida Second District Court of Appeal. Outcome chip: MIXED. Flags: MIXED, remand. Source: https://law.justia.com/cases/florida/second-district-court-of-appeal/2023/22-1521.html
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.