STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

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1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION -HOA KAREN A. PRESTON, Petitioner, Fee Case No v. Rel. Case No COLLEGE CHASE HOMEOWNERS ASSOCIATION, INC., Respondent. / FINAL ORDER ON ATTORNEY S FEES AND COSTS On July 8, 2011, Petitioner, who is not an attorney and appeared pro se in the underlying case, filed a timely motion for fees and costs. On July 11, 2012, the arbitrator entered an Order Permitting Response to the amended motion for fees and costs. On July 21, 2012, Respondent filed a response. Although the response included an objection for failure of Petitioner to provide receipts, as of the date of this final order, Petitioner has not sought to amend her motion. This order is entered accordingly. Findings of Fact This fees case arises from arbitration case number In the underlying case, Petitioner filed a petition for arbitration alleging, essentially, that the Association improperly certified a recall therefore improperly removing her from the board of directors. A Summary Final Order was entered in the underlying case granting the Petitioner s requested relief and restoring her to her seat on the board of directors. 1

2 Prevailing Party Pursuant to section (1), Florida Statutes, the prevailing party in an arbitration proceeding shall be awarded the costs of the arbitration and reasonable attorney s fees in an amount determined by the arbitrator. As Petitioner was afforded the relief she sought in the petition in the final order, Petitioner is the prevailing party in this case. Consequently, Petitioner will be awarded her reasonable costs pursuant to the statute and Rule 61B , Florida Administrative Code. The remaining issue to be decided by the arbitrator are the reasonableness of the costs claimed by Petitioner. Costs Petitioner seeks costs as follows: $ for the filing fee; $ for postage; $64.56 for office supplies, $ for mileage and tolls, $ of statutory damages for not complying with Section (5)(b), Florida Statutes, and any fees billed by the Department pursuant Rule 61B , Florida Administrative Code. Petitioner is not an attorney and appeared pro se in the underlying case and in this case for fees and costs. When a party is not represented by an attorney, costs that may be awarded include certain items that normally may not be awarded as recoverable costs. Ludwig v. Tudor Cay Condominium Association, Inc., Arb. Case No , Final Order on Motion for Rehearing (September 8, 2005). As stated by the arbitrator in Malone v. Pebble Springs Condominium Association, Inc., Arb. Case No , Final Order on Motion for Costs (March 13, 2001): Expenses such as postage, supplies, copying, long distance calls and faxing fees are normally not awarded, on grounds that they are ordinary office expenses that should be factored into the prevailing party's attorney's hourly rate rather than awarded separately as costs. In 2

3 this case, however, the prevailing party had no attorney under whose fee these expenses should be subsumed.... Filing Fee and Department Fee The $ filing fee is appropriate, and it is awarded. Pursuant to Rule 61B , Florida Administrative Code, each party is assessed a fee to recover the Department s cost to arbitrate the matter. This fee is recoverable. Romano v. Emerald Preserve-Sumerlin Homeowners Association, Inc., Fees Case No , Final Order on Attorney s Fees and Costs (August 5, 2011). 1 Postage, Office Supplies, Mileage and Tolls Postage and office supplies are recoverable but travel expenses are not recoverable. See Statewide Uniform Guidelines for the Taxation of Costs in Civil Actions. However, Petitioner failed to submit any receipts or other documentation to provide evidence of the costs incurred as required by Rule 61B (5), Florida Administrative Code. Therefore, Petitioner will not be awarded costs related to postage or office supplies. Statutory Damages Petitioner seeks recovery of statutory damages of $50.00 per day for the Association s failure to comply with Section (5)(b), Florida Statutes for a total amount of $ In the underlying case, the arbitrator determined that the Association failed to provide Association records as required by Section (5)(b), and therefore the Association s affirmative defense of laches failed. However, the arbitrator lacks jurisdiction to enforce the statutory damages provision of Section 1 Petitioner will still be responsible for payment of her invoice to the Department. This order only entitles her to be reimbursed by the Association for her payment to the Department. 3

4 (5)(b). The Petitioner may seek relief in a court of competent jurisdiction to seek recovery of any damages. Therefore, based on the foregoing, it is ORDERED: 1. Respondent College Chase Homeowner s Association, Inc. shall, within 30 days, pay to Petitioner $ for costs. 2. In addition to the $200.00, Respondent College Chase Homeowner s Association, Inc. shall, within 30 days of proof of payment to the Department, reimburse Petitioner any fees charged to Petitioner by the Department in connection with this action and the underlying case. DONE AND ORDERED this 27 th day of January, 2012, at Tallahassee, Leon County, Florida. Terri Leigh Jones, Arbitrator Department of Business and Professional Regulation Arbitration Section 1940 North Monroe Street Tallahassee, Florida Telephone (850) Facsimile (850)

5 Certificate of Service I hereby certify that a true and correct copy of the foregoing final order has been sent by U.S. Mail to the following persons on this 27 th day of January, 2012: Karen A. Preston 1117 Windton Oak Drive Ruskin, FL Petitioner Stephen C. Nikoloff, Esq Bayshore Blvd. Suite A Dunedin, FL Attorney for Respondent Terri Leigh Jones, Arbitrator 5