FL §720.311 requires pre-suit mediation for most HOA disputes involving covenant enforcement, amendments, meetings, and elections before filing in court. Mediator and costs split 50/50.
Florida requires homeowners and associations to attempt pre-suit mediation for disputes over covenant enforcement, amendments, meetings, elections, document access, and boundary issues before filing a lawsuit. The initiating party serves a statutory offer to mediate; the recipient has 20 days to respond. Parties select a mediator certified by the Florida Supreme Court and split fees equally. If mediation fails or is refused, the prevailing party in subsequent litigation can recover attorney fees. Disputes about recall, election irregularities, and access to records may also go to mandatory non-binding arbitration through DBPR for condominiums under §718; HOAs use court or mediation.
Filing suit without mediation offer: case can be dismissed or stayed. Failure to mediate in good faith: loss of attorney fee recovery.
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