(1) After a petition
for arbitration is filed and assigned to an arbitrator, the respondent will be
mailed a copy of the petition by the arbitrator, and will be given an
opportunity to answer the petition. Unless a shorter time is ordered by the
arbitrator in cases where the health, safety, or welfare of the resident(s) of
a community is alleged to be endangered, a respondent in an election dispute
shall file the answer with the arbitrator, and shall mail a copy to the
petitioner, within 20 days after receipt of the petition. In a recall dispute,
the respondent shall have 10 days in which to file an answer. The answer shall
include all defenses and objections, and shall be filed on DBPR FORM HOA
6000-9, ANSWER TO PETITION, incorporated in Rule
61B-80.101, F.A.C. The answer
shall not include a request for relief (counterclaim) against the petitioner.
Any claim or request for relief must be filed as a new petition following the
procedure provided in subsection
61B-80.101(3),
F.A.C.
(2) The service of any
motion under these rules does not alter the period of time in which to file an
answer, except that service of a motion in opposition to the petition in an
election dispute postpones the time for filing of the answer until 20 days
after the arbitrator's ruling on the motion. The following defenses shall be
made by motion in opposition to the petition:
(a) Lack of jurisdiction over the subject
matter,
(b) Lack of jurisdiction
over the person,
(c) Insufficiency
of process,
(d) Insufficiency of
service of process,
(e) Failure to
state a cause of action, and
(f)
Failure to join indispensable parties.
In the case of election arbitration proceedings, a motion
making any of these defenses shall be made before the filing of the answer. The
grounds on which any of the enumerated defenses are based and the substantial
matters of law intended to be argued shall be stated specifically and with
particularity in the responsive pleading or motion. Any ground not stated in
the motion shall be deemed to be waived except any ground showing that the
division lacks jurisdiction of the subject matter may be made at any time. In a
recall proceeding, these enumerated defenses shall not be raised by motion but
shall be included in the answer.
(3) Every defense in law or fact to a claim
for relief in a petition shall be asserted in the answer. Unless otherwise
determined by the arbitrator, any ground or defense not stated in the answer
shall be deemed to be waived except any ground showing that the arbitrator
lacks jurisdiction of the subject matter. Each defense shall be separately
stated and shall include an identification of all facts upon which the defense
is based.
