Hillsborough County, FL HOA Rules: Dispute Resolution (2026)
Key Facts
- State Law
- FL 720.311
- Mediation
- Required pre-suit
- Elections
- DBPR arbitration
- Attorney Fees
- Prevailing party
- Appeal
- 30 days
Summary
FL 720.311 requires pre-suit mediation for most HOA disputes between owner and association. Covenant and restriction disputes require mandatory mediation before litigation. DBPR handles election and recall arbitration.
F.S. 720.311 720.000000000000 Homeowners' associations 2023.00000000000 I 0720.311 311 720.311 Dispute resolution. — (1) The Legislature finds that alternative dispute resolution has made progress in reducing court dockets and trials and in offering a more efficient, cost-effective option to litigation. The filing of any petition for arbitration or the serving of a demand for presuit mediation as provided for in this section shall toll the applicable statute of limitations. Any recall dispute filed with the department under s. 720.303 (10) shall be conducted by the department in accordance with the provisions of ss. 718.112 (2)(l) and 718.1255 and the rules adopted by the division.
Full Breakdown
Pre-suit mediation mandatory for disputes over covenants, restrictions, amendments, and meetings (FL 720.311). Parties split mediator fees. Recall and election disputes go to DBPR binding arbitration (FL 720.306(9)). Prevailing party entitled to attorney fees under FL 720.305. Residents may file DBPR complaints but DBPR oversight of HOAs is limited compared to condos. Ombudsman available for condos only.
Violations & Fines
Filing suit without mediation: case dismissed until mediation complete. DBPR arbitration decisions binding unless appealed within 30 days.
Sources & Official References
Other rules in Hillsborough County
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