STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION Elsie Ann Harlow, Petitioner, v. Fee Case No. 2004-05-0582 Rel. Case No. 2004-02-3160 Bretton Woods Condominium Association, Inc., Respondent. / follows: FINAL ORDER AWARDING COSTS Comes now, the undersigned arbitrator, and enters this final order as On October 12, 2004, the petitioner, Elsie Ann Harlow, moved for an award of $199.90 for costs. On November 9, 2004, the association filed a memorandum in opposition to the petitioner s motion and on November 19, 2004, the petitioner filed a response to the association s memorandum. This fee case arises from arbitration case number 2004-02-3160. In the underlying case the arbitrator found that the association had failed to permit the petitioner timely access to its official records and granted the relief requested by the petitioner. Pursuant to section 718.1255(4)(k), 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. A party is a 1
prevailing party if it succeeds on a significant issue in the arbitration and achieves some of the benefit sought in bringing the action. See Moritz v. Hoyt Enterprises, Inc., 604 So. 2d 807, 809 (Fla. 1992) (citing Hensley v. Eckerhart, 461 U.S. 424, 433 (1983)). In the underlying case, the arbitrator granted the relief requested by the petitioner. Therefore, the petitioner is the prevailing party and is entitled to recover her costs. The association objects to the petitioner recovering her costs for items such as postage and photocopies because they are generally considered office expenses that are not taxable as costs. The association is correct to the extent that in cases involving an attorneys seeking recovery of fees and costs, the guidelines typically do not permit the award of costs that are considered normal office expenses as they are to be incorporated into the hourly rate. However, in the instant matter, the petitioner is a pro se unit owner and as such there is no attorney hourly rate which would normally cover these expenses. Therefore, the petitioner may awarded such costs. See Dyes v. The Sands on the Ocean, A Condo., Section 1 Assoc., Inc., Arb. Case No. 2003-07-2406, Final Order on Motion to Award Reimbursement of Costs (August 8, 2003), see also Paradise Lakes RV Park Condo. Assoc., Inc. v. Qualls, Arb. Case No. 02-5571, Final Order Awarding Costs (November 4, 2002). The association objects to the petitioner seeking reimbursement for photocopies at the rate of $.25 per page, maintaining that the cost is unreasonable in this case because it was not the actual cost the petitioner expended on the 2
copies. The petitioner argues that she used her personal photocopier and supplies and that such a rate is a reasonable estimate. The undersigned finds that as the petitioner used her personal photocopier, $.25 per page is a reasonable estimate of the cost of photocopies. Accordingly, the petitioner will be compensated at the rate of $.25 per page for photocopies. The petitioner seeks recovery of costs associated with the prearbitration notice letter. The association objects to any costs incurred prior to the arbitration. A party may be compensated for efforts related to the statutorily mandated prearbitration notice. See Desy v. River Key Condo Assoc., Inc., Arb. Case No. 92-0082F, Final Order on Motion for Attorney s Fees (May 20, 1993). Therefore, the petitioner shall be awarded any costs related to the prearbitration notice letter. The association objects to the petitioner s request for reimbursement for a copy of the association s documents, because it does not know whether the petitioner filed the association s governing documents with the arbitrator. Upon review of the case file in this matter, it is apparent that the petitioner filed a copy of the association s governing documents along with the petition for arbitration. Accordingly, the petitioner shall be compensated for the related costs. The arbitrator overrules the remainder of the association s objections and hereby awards the petitioner $199.90 for her costs associated with the underlying proceeding. 3
ACCORDINGLY, IT IS ORDERED: The association shall pay $199.90 to the petitioner in reimbursement for her costs associated with the underlying proceeding within thirty (30) days of the date of this order. DONE AND ORDERED this 30 th day of November 2004, at Tallahassee, Leon County, Florida. James W. Earl, Arbitrator Department of Business and Professional Regulation Arbitration Section 1940 North Monroe Street Tallahassee, Florida 32399-1029 RIGHT TO TRIAL DE NOVO Pursuant to section 718.1255, Florida Statutes, this decision shall be binding on the parties unless a complaint for trial de novo is filed by an adversely affected party in a court of competent jurisdiction in the circuit in which the condominium is located within 30 days of the date of mailing of this order. This final order does not constitute final agency action and is not appealable to the district courts of appeal. CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the foregoing was mailed by U.S. mail, postage prepaid, this 30 th day of November 2004 to: Elsie Ann Harlow 2415 N.E. 7 th Street Apt. #3 Ocala, Florida 34470 Melissa H. Andrade, Esq. Blanchard, Merriam, Adel & Kirkland, P.A. Post Office Box 1869 Ocala, Florida 34478 4
5 James W. Earl, Arbitrator