FL 720.311 requires pre-suit mediation for most HOA disputes other than fee collection. Condo disputes under FL 718.1255 go through mandatory non-binding arbitration with DBPR or pre-suit mediation.
Florida Statute 720.311 mandates pre-suit mediation for disputes between HOAs and members involving covenant enforcement, amendment disputes, meetings, and elections. The party demanding mediation serves a statutory offer; the other party must respond within 20 days. Failure to mediate in good faith can bar a later court action. Election disputes go to binding arbitration with DBPR. For condos, FL 718.1255 requires either non-binding arbitration through the DBPR Division of Florida Condominiums or pre-suit mediation before litigation. The 2023 and 2024 condo reform laws expanded DBPR authority and created ombudsman resources. Small claims court handles disputes under 8,000 dollars without attorneys. Members may also file complaints with DBPR for statutory violations.
Filing suit without required mediation/arbitration: case dismissed, attorney fees possible. DBPR violations: HOA fines and corrective orders.
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