Habitat II Condominium, Inc. v. Kerr

Habitat II Condominium, Inc., (the “Association”) appeals an order dismissing its complaint due to its failure to enter into non-binding arbitration of a dispute involving its claimed right of first refusal to a condominium unit. The Association claims that the dispute was not arbitrable under the governing statute because it involved title to a unit. We agree and reverse.

The Association has a right of first refusal, prior to any unit owner selling his or *811her property, pursuant to Article 15 of the condominium declaration. In the event of a third-party offer on any unit, the owner is required…