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STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION Atlantic Cloisters Association, Inc., Petitioner, v. Fee Case No. 2004-02-0460 Rel. Case No. 2003-05-7612 Kimberly Courteau, Respondent. / FINAL ORDER ON MOTION FOR ATTORNEY’S FEES AND COSTS Comes now, the undersigned arbitrator, and issues this final order as follows: On March 29, 2004, Atlantic Cloisters Association, Inc. (petitioner/association) filed a motion for attorney’s fees and costs, seeking an award of $16,409.50 in attorney’s fees and $1,230.00 in costs, totaling $17,639.50. The fees and costs were incurred in arbitration case number 2003-05-7612, in which a summary final order was entered on March 4, 2004, requiring the respondent to remove the hard surface flooring installed in the bedrooms of her unit and to comply with section 7.7 of the association’s declaration of condominium in the future. On April 5, 2004, the arbitrator entered an order permitting the respondent to file a response to the association’s motion for attorney’s fees and cost. The respondent filed a response on April 27, 2004, arguing that the association substantially delayed the proceedings and ignored the respondent’s communications which sought to resolve the matter and that the association president and board acted illegally, improperly and/or negligently in pursuing this matter. However, as these

arguments relate to the merits of the underlying case, they are not defenses to the fee issue at hand. The respondent further argues that if the petitioner is entitled to an award of attorney’s fees in this matter, such fees should be substantially reduced. Pursuant to section 718.1255(4)(k), Florida Statutes, the prevailing party in an arbitration proceeding shall be awarded the costs of the arbitration and reasonable attorney’s fees in an amount determined by the arbitrator. A party is a “prevailing party” if it succeeds on a significant issue in the arbitration and achieves some of the benefit sought in bringing the action. See Moritz v. Hoyt Enterprises, Inc., 604 So. 2d 807, 809 (Fla. 1992) (citing Hensley v. Eckerhart, 461 U.S. 424, 433 (1983)). As the respondent was ordered to remove the hard surface flooring installed in the bedrooms of her condominium unit, the association achieved the benefit it sought in initiating this case and is the prevailing party entitled to an award of attorney’s fees and costs, subject to the limitations set forth below. The next issue to determine is the reasonableness of the attorney’s fees and costs claimed by the petitioner. In Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145, 1150 (Fla. 1985), the Supreme Court adopted the federal lodestar approach as the foundation for setting reasonable fee awards. This approach requires the trial court to determine a ‘lodestar figure’ by multiplying the number of hours reasonably expended on the litigation by a reasonable hourly rate for the service of the prevailing party’s attorney. Fashion Tile & Marble v. Alpha One Construction, 532 So. 2d 1306 (Fla. 2d DCA 1988). In undertaking this analysis, the reasonableness of the hourly rate and the number of hours reasonably expended must be separately considered. See Rowe, 472 So. 2d at 1150-51. John M. Siracusa, Esquire, charged the association $185.00 per hour for legal

services rendered. Mr. Siracusa has been licensed to practice law in the State of Florida since 1998 and has experience in condominium law. The requested rate does not exceed the amount customarily awarded for representation in similar arbitration proceedings by attorneys with similar experience. Thus, the association will be compensated at the rate of $185.00 per hour for counsel’s legal services The association seeks to recover 88.70 hours for activities performed by counsel, totaling $16,409.50. While the subject matter of the disputed issue is of average complexity and numerous pleadings were submitted by both parties, the requested hours are excessive, especially considering that the case was disposed of without the necessity of a final hearing. Accordingly, the award of prevailing party attorney’s fees will be reduced appropriately. Including the association’s petition for arbitration and its motion for attorney’s fees and costs, the petitioner submitted no more than 11 pleadings in this case. Based on the foregoing, the arbitrator finds that an award of 45.00 hours for research and preparation of the pleadings submitted in this case is reasonable, plus 5.00 hours for correspondence and telephone calls related to this action. Thus, the association will be awarded 50.00 hours for legal services rendered in this proceeding, totaling $9,250.00. Additionally, the association requests compensation for $50.00 for the arbitration filing fee and $1,180.00 for expert sound testing of the flooring installed in the respondent’s condominium unit. The arbitration filing fee and the cost of expert testing are reasonable costs and both are awarded. It is therefore ORDERED: 1. The motion for attorney’s fees and costs is GRANTED, in part. 2. Within thirty (30) days of the date of entry of this order, Kimberly Courteau

(respondent) shall pay the sum of $10,480.00 to Atlantic Cloisters Association, Inc. (respondent). DONE AND ORDERED this 30th day of July 2004, at Tallahassee, Leon County, Florida. _________________________________ Melissa Mnookin, Arbitrator Department of Business and Professional Regulation Arbitration Section Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-1029 Certificate of Service I hereby certify that a true and correct copy of the foregoing final order has been sent by U.S. Mail to the following persons on this 30th day of July 2004: John M. Siracusa, Esq. Becker & Poliakoff, P.A. 500 Australian Avenue South Ninth Floor West Palm Beach, Florida 33401 Kimberly Courteau 1299 South Ocean Boulevard Apt. T-6 Boca Raton, Florida 33432 ________________________________ Melissa Mnookin, Arbitrator Right to Appeal As provided by section 718.1255, F.S., this final order may be appealed by filing a petition for trial de novo with a court of competent jurisdiction in the circuit

in which the condominium is located, within 30 days of the entry and mailing of this final order. This order does not constitute final agency action and is not appealable to the district courts of appeal. If this final order is not timely appealed, it will become binding on the parties and may be enforced in the courts.

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Petition For Arbitration Sample Costs to Remove Unapproved Improperly Installed Hard Surface Flooring In A Florida Condominium