Friday, August 7, 2015

Florida's Community Association Arbitrators seek Salary Review


Florida's Department of Business and Professional Regulation pays six full-time "Senior Attorneys" to act as arbitrators in the Arbitration Section of the Division of Condominiums, Timeshares and Mobile Homes approximately $52,000 per year to handle numerous disputes throughout the State. The alternative dispute resolution provisions found in Section 718.1255 of the Florida Statutes were designed to prevent Florida court dockets from being clogged with certain types of disputes which routinely arise in the condominium and cooperative setting as well as to provide a more cost-effective option to court litigation for owners.

Florida's condominium arbitrators feel that they are grossly underpaid in comparison with other hearing officers employed by the Sunshine State and, it turns out, they are probably right.  In a May, 2015 "desk audit, Florida's DBPR arbitrators asked the state to reconsider their salaries. In their request, the arbitrators state that the work they perform is analogous to that performed by the attorneys employed as Public Employee Relations Commission (PERC) Hearing Officers who preside over disputes of limited jurisdiction. For comparison's sake, PERC hearing Officers earn $90,047 annually. Another comparable position is the Reemployment Assistance (RA) Appeals Manager for the Department of Economic Opportunity. RA Appeals Managers earn an annual salary of $84,999.96.

There are only six Division arbitrators (plus the chief) for the entire state. The DBPR collects millions in fees each year from condominium and cooperative owners. Sadly, those funds are usually diverted to the general operating budget each year. Regardless of how you feel about the Arbitration Program, its effectiveness or attorneys in general, having experienced attorney arbitrators to resolve association disputes is a good thing. Underpaying people is a surefire way to have them look elsewhere for a job.

Is the message here that the resolution of association disputes just aren't as important or valuable as other types of disputes being handled by State Agencies? If the reasons articulated in Section 718.1255(3), F.S. for the creation of an alternative dispute resolution system remain true, why is the State balking at properly funding that system?

If you agree that Florida's Community Association Arbitrators should be paid commensurate with arbitrators for other state agencies, you can contact Ken Lawson ken.lawson@myfloridalicense.com and Kevin Stanfield at Kevin.Stanfield@myfloridalicense.com and let them know you want them to approve the arbitrators' request for salary review.




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