Miami, FL HOA Rules: Dispute Resolution (2026)

Florida provides a structured dispute resolution process for community associations. For condominiums, FL §718.1255 requires mandatory non-binding arbitration through the Department of Business and Professional Regulation (DBPR) Division of Florida Condominiums, Timeshares, and Mobile Homes before filing most lawsuits. Covered disputes include board election challenges, access to records, use of common elements, and assessment disputes. The DBPR arbitration process is relatively fast and low-cost compared to litigation. If either party rejects the arbitration decision, they may proceed to trial de novo in circuit court, but the rejecting party bears the risk of paying the other side's attorney fees if the trial result is not more favorable. For HOAs, FL §720.311 requires pre-suit mediation for disputes between the association and members. The mediator must be certified by the Florida Supreme Court. Disputes involving title to property or criminal activity are exempt from mandatory mediation/arbitration. The Florida Ombudsman for condo associations (established under §718.5012) provides information and assistance to unit owners. Small claims court (up to $8,000) is available for monetary disputes. Class action lawsuits are available for systemic association misconduct.