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.
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.
Filing suit without mediation: case dismissed until mediation complete. DBPR arbitration decisions binding unless appealed within 30 days.
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