Delray Beach, FL HOA Rules: Dispute Resolution (2026)
Key Facts
- Pre-Suit Mediation
- Required (FL 720.311)
- Elections/Recalls
- DBPR arbitration
- Condos
- FL 718.1255
- Fee Shifting
- Prevailing party
- Court
- PBC Circuit
Summary
HOA and condo disputes in Delray Beach follow FL 720.311 (HOA) and 718.1255 (condos). Pre-suit mediation is mandatory for most covenant disputes, and election/recall disputes go to DBPR arbitration.
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 divisio
Full Breakdown
FL 720.311 requires mandatory pre-suit mediation before filing certain HOA lawsuits (use restrictions, parking, architectural). Each party pays its own mediator fee. Election, recall, and access-to-records disputes are funneled to DBPR Arbitration (FL 720.306 and 720.303). For condos, FL 718.1255 requires non-binding arbitration or pre-suit mediation through DBPR. Palm Beach County Circuit Court handles unresolved matters. Attorney fees shift to the prevailing party under FL 720.305.
Violations & Fines
Failing to mediate before filing suit can result in dismissal and fee shifting. DBPR arbitrator orders are enforceable in circuit court.
Frequently Asked Questions
Do I have to mediate before suing my Delray Beach HOA?
Sources & Official References
Other rules in Delray Beach
Florida rules heatmap·Compare Delray Beach to another location·View the Florida hoa rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Dispute Resolution in Nearby Cities
How other cities in Palm Beach County handle dispute resolution.