HOA disputes in Palm Beach County must follow pre-suit mediation under FL §720.311 before litigation. Condominium disputes use mandatory non-binding arbitration through DBPR under FL §718.1255. Recall and election disputes have specific arbitration tracks.
FL §720.311(2) requires HOA disputes regarding amendments, covenants enforcement, meetings, elections, and access to records to undergo pre-suit mediation. Either party serves a statutory demand for mediation, and parties must select mediator within 20 days. Mediation costs split equally. If mediation fails, civil court litigation follows. Condo recall and election disputes go to DBPR arbitration under FL §718.1255. HB 1203 (2024) created an HOA ombudsman within DBPR for complaints. Civil court remedies include declaratory relief, injunction, and prevailing-party attorney fees under FL §720.305.
Filing suit without required mediation: case dismissed. Failure to participate in mediation in good faith: court may shift attorney fees. Frivolous claims: sanctions under FL §57.105.
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