florida remedy
Remedy for failure to hear Agenda Item
<p>Florida <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;URL=0700-0799/0718/Sections/0718.112.html" rel="nofollow noreferrer">FS 718.112</a> requires condominium to:</p>
<blockquote>
<p>If 20 percent of the voting interests petition the board to address an
item of business, the board, within 60 days after receipt of the
petition, shall place the item on the agenda at its next regular board
meeting or at a special meeting called for that purpose.</p>
</blockquote>
<p>Assume that the Association fails to follow the rule and fails to hear the agenda item and the business item is under Arbitration / Litigation.  What is the appropriate monetary and non-monetary remedy to request?</p>
<p>I was unable to find a remedy in the statute.</p>

<blockquote>
<p>If 20 percent of the voting interests petition the board to address an
item of business, the board, within 60 days after receipt of the
petition, shall place the item on the agenda at its next regular board
meeting or at a special meeting called for that purpose.</p>
<p>Assume that the Association fails to follow the rule and fails to hear
the agenda item and the business item is under Arbitration /
Litigation. What is the appropriate monetary and non-monetary remedy
to request?</p>
</blockquote>
<p>A Petition for a Writ of Mandamus or affirmative injunction ordering the board to consider the matter, depending upon the customs of Florida courts would be the usual remedy. But, one can imagine a fact pattern where some other relief such as also allowing money damages would be appropriate where, for example, delay impacts the cost of doing work.</p>
