Gomez v. Fradin

In this matter we decide whether the trial court erred in dismissing certain counts in an action brought by nineteen condominium unit owners against the condominium association and various members of its board of directors. The trial court dismissed five of eight counts on the basis that the claims first had to be pursued through non-binding arbitration. We hold that arbitration was not a condition precedent to filing suit under the facts of this case and reverse the trial court’s order of dismissal. Secondly, we consider whether the trial court erred in granting summary judgment on two…