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HABITAT II CONDOMINIUM, INC. v. KERR

No. 4D06-1071.

948 So.2d 809 (2007)

HABITAT II CONDOMINIUM, INC., a Florida not-for-profit corporation, Appellant, v. Derrick KERR, an individual, and Beverly J. Amie, an individual, Appellees.

District Court of Appeal of Florida, Fourth District.

January 3, 2007.

Attorney(s) appearing for the Case

David A. Kupperman of Katzman & Korr, P.A., Fort Lauderdale, for appellant.

Yvonne Brown Wright of the Law Offices of Yvonne Brown Wright, Coral Springs, for appellee Derrick Kerr.

Michael D. Felton of Michael D. Felton, P.A., Coconut Creek, for appellee Beverly J. Amie.

TAYLOR, J.

Habitat II Condominium, Inc., (the "Association") appeals an order dismissing its complaint due to its failure to enter into non-binding arbitration of a dispute involving its claimed right of first refusal to a condominium unit. The Association claims that the dispute was not arbitrable under the governing statute because it involved title to a unit. We agree and reverse.

The Association has a right of first refusal, prior to any unit owner selling...

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