Jacksonville, FL HOA Rules: Dispute Resolution (2026)

Under Florida Statute Section 720.311, certain disputes between a member and the association must be submitted to mandatory presuit mediation before a lawsuit may be filed. Disputes subject to mandatory mediation include: election disputes, budget disputes, access to official records, and disputes regarding notice of board meetings. Assessment collection disputes are specifically exempt from mandatory mediation. Either party may initiate mediation by filing a petition with a certified mediator. If mediation fails to resolve the dispute, the parties may proceed to circuit court. The mediator must be certified under Florida Rules of Civil Procedure. Mediation costs are typically split between the parties. The Florida DBPR Division of Florida Condominiums, Timeshares, and Mobile Homes does not have jurisdiction over HOA disputes (only condo disputes), but the Duval County Court system offers court-annexed mediation programs. Arbitration may be agreed upon by the parties but is not mandatory. Attorney fees may be awarded to the prevailing party in HOA litigation under Section 720.305(1).