HM&B Secures Dismissal Following Win on Motion to Compel Arbitration

Plaintiff Theodore Newman, an Owner at Sapphire Bay Condominiums West, filed a 5-count Complaint against Defendant Sapphire Bay West Condominium Association alleging that the Board of Directors violated the by-laws. Specifically, Plaintiff filed a Complaint asserting claims for (1) Declaratory Relief; (2) Breach of Fiduciary Duty; (3) Breach of Contract; (4) Breach of Good Faith and Fair Dealing; and (5) Injunctive Relief. Plaintiff claimed that he was not bound by the arbitration clause due to the pleading of counts not contemplated by the by-laws. Plaintiff sought an injunction from the Court preventing the Association from moving forward with critical repairs and unspecified damages. The Court disagreed and found that the Arbitration Clause in the by-laws was all inclusive of Plaintiff’s claims and compelled Arbitration, and shortly thereafter dismissed the action.