How are disputes with a homeowners association resolved in Florida?
Many Florida HOA disputes require presuit mediation before court, though assessment collection is excluded and election and recall disputes go to state arbitration.
Section 720.311, Florida Statutes, requires presuit mediation for many disputes between a homeowners association and a parcel owner before either side files in court. These include covenant enforcement, use of a parcel or the common areas, amendments to association documents, board and member meetings, and access to official records.
The process starts with a written statutory demand, and the other side has 20 days to respond.
Collection of assessments, fines and other money claimed due is excluded. Election and recall disputes go to arbitration with the state Department of Business and Professional Regulation or to court.
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