Fla. Court Affirms Arbitration of Condo Owners' Contract Claims

LAKELAND, Fla. - A Florida appellate court has affirmed that owners claiming mold damage must arbitrate claims relating to the purchase of their condominium but can pursue personal injury claims in court. Kaplan v. Divosta Homes, L.P., et al., No. 2D07-5113 (Fla. Ct. App., 2nd Dist.).

The Second District Court of Appeal's May 23 opinion affirmed a ruling by the Circuit Court for Lee County on claims brought by Alexander L. and Denise A. Kaplan against the developer of their Bonita Springs, Fla., home and their homeowners association.

The Kaplans contend that defects in their condominium caused personal injuries …