Florida landlords who operate in condominiums or homeowner associations often face questions about where and how their disputes must be handled, particularly whether they must go through arbitration or court. A recent appellate decision from the Fourth District Court of Appeal clarifies an important boundary: evictions and other tenant-removal actions are not subject to mandatory condominium arbitration.

Case Background

In 2944 Trivium Circle, LLC v. Trivium Park HC, LLC, a unit owner sued the condominium’s board members for breach of fiduciary duty. The trial court compelled the case to arbitration under F.S. 718.1255, which governs condominium “disputes.” On appeal, the Fourth DCA reversed, holding that breach of fiduciary duty claims are excluded from the statute’s definition of “dispute.”

The statute lists which issues fall within arbitration and which do not. Significantly, it provides that the term “dispute” does not include disagreements involving: title to a unit or common element; warranty enforcement; collection of assessments; the eviction or removal of a tenant; breaches of fiduciary duty; or damage claims against the association.

Why This Matters for Landlords

The decision reaffirms that tenant eviction cases are court matters, not arbitration matters, even when the landlord is a condominium unit owner or the tenant occupies a condo unit governed by an association. F.S. 718.1255 was designed to resolve association-member disputes efficiently through the Division of Florida Condominiums. It was never intended to replace judicial process for actions that involve tenant possession, removal, or lease enforcement.

Key Takeaways for Landlords

1. Eviction is expressly excluded from arbitration. Under §718.1255(1), any disagreement “that primarily involves … the eviction or other removal of a tenant from a unit” is not an arbitrable dispute. You can proceed directly to county court to file an eviction action without first petitioning the Division of Condominiums.
2. Bylaws cannot override the statute. Even if your association bylaws contain a broad arbitration clause, the statutory exclusions control. A private document cannot expand the Division’s jurisdiction to cover non-arbitrable matters like tenant possession.
3. Keep issues separate in your pleadings. If a dispute involves both association matters and tenant issues, separate them. File your eviction in county court and handle any association governance or rule-violation issues through the appropriate statutory channel. Mixing the two could lead to confusion or delay.
4. Fiduciary and management disputes remain judicial. Similar to evictions, claims of director misconduct or mismanagement of association property fall outside arbitration. These claims belong in circuit court where full discovery and damages remedies are available.

Practical Example

Suppose you own a condo unit and lease it to a tenant who refuses to leave after the lease expires. The association’s rules might address tenant conduct, but your landlord-tenant relationship is separate. You do not need to file a petition for condominium arbitration before filing your eviction. If the tenant claims the association wrongfully interfered, that may become a separate civil claim, but the eviction itself remains within the court’s jurisdiction under F.S. ch. 83, pt. 2.

Legal Insight

The Trivium decision is a useful reminder that statutory definitions matter. Arbitration clauses can be powerful, but they are also limited by legislative intent. For Florida landlords, that means eviction, possession, and rent-collection actions remain the exclusive domain of the courts, not the Division of Condominiums.

If your property is in a condominium or homeowners’ association and a dispute arises involving tenants, always confirm whether the issue is truly an “association dispute” under F.S. 718.1255 or a landlord-tenant issue under ch. 83. The difference determines whether your next move is an arbitration petition or an eviction complaint.