2026-09-10 · Florida · Courts · Pending — not yet law

Pending: a homeowners' association in Orange County has postponed its board elections for a second consecutive year while it appeals a state arbitrator's order requiring a new election — leaving the sitting board in place throughout.

The association is North Shore at Lake Hart HOA, a community of roughly 1,049 homes. The most recent postponement was reported in June 2026.¹

How it started

Homeowner Miriam Burtoff petitioned DBPR in 2023, alleging that the association had illegally amended its bylaws in 2021 to disqualify homeowners involved in litigation from standing for the board.

Arbitrator Keith Hope held a two-day hearing and, in December 2023, ordered a new election for all five board seats, finding improper disqualification of candidates and improper conduct of elections and board meetings. An Orange County circuit judge confirmed that order in April 2024 and declined to second-guess the Division's authority.

The association appealed to the Sixth District Court of Appeal roughly seven months later, arguing that the arbitrator exceeded his authority by ordering an election for five seats when only one was up in May 2023.

The category-level point

A DBPR arbitration order is not self-executing. Election and recall arbitration under Chapters 61B-80 and 61B-81 is one of the very few powers the Division actually holds over homeowners' associations — and an appeal can suspend an owner-won remedy for years while the board whose conduct was found improper continues to govern.

That is not a criticism of anyone's right to appeal. It is a structural fact that bears on whether arbitration is a fast route to relief.

1. ClickOrlando / WKMG, reporting on the postponed elections and the arbitration order, June 2026 ↩
2. ClickOrlando / WKMG, reporting on the contempt proceedings, April 2026 ↩
3. Rule 61B-85.001, F.A.C., repealed effective 5 March 2026 ↩