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Orange County, FL HOA Rules: Dispute Resolution (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

State Law
FL §720.311
Pre-Suit
Mediation required
Agency
FL DBPR
Attorney Fees
Prevailing party
Arbitration
Recall/election

Summary

Orange County HOA disputes must first go through FL DBPR pre-suit mediation under FL §720.311 for covenant/election disputes. Arbitration available through DBPR Division of Condominiums. Small claims court available for assessment disputes.

City-specific rules exist: Winter Park, Ocoee, and Apopka have their own dispute resolution rules that differ from Orange County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

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. In addition, the department shall conduct binding arbitration of election disputes between a member and an association in accordance with s. 718.1255 and rules adopted by the division.

Source: FL DBPR HOAView official code

Full Breakdown

FL §720.311 requires pre-suit mediation for disputes involving covenant enforcement, meeting access, records requests, and election challenges. DBPR Division of Florida Condominiums, Timeshares and Mobile Homes oversees HOA disputes. Parties split mediator fees. If mediation fails, parties can proceed to circuit court. Arbitration is mandatory for recall disputes and election disputes. Prevailing party in covenant enforcement may recover attorney fees per FL §720.305(1).

Frequently Asked Questions

Do I have to mediate before suing my HOA?
Yes, for most covenant and election disputes per FL §720.311. Assessment disputes are exempt.

Sources & Official References

Other rules in Orange County

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All Orange County rules

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Dispute Resolution in Cities Across Orange County

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