Resolving HOA Disputes in Florida

Disagreements with an HOA are common, whether over a fine, an architectural denial, an assessment or how the board is run. Florida steers most of these disputes away from a lawsuit first. Here's the path.

1. Start with the internal process

Before anything formal:

• Put it in writing. Send a clear, factual letter to the board describing the issue and the resolution you want.
• Use the hearing process. Before a fine or suspension, you're entitled to 14 days' notice and a hearing before a committee of at least three members who aren't officers, directors or employees of the association, or the spouse, parent, child, brother or sister of one (§720.305).
• Request records if you need the underlying documents. See How to Request HOA Records in Florida.

Many disputes end here once both sides see the facts in writing.

2. Presuit mediation (HOAs)

For HOAs under Chapter 720, Florida Statute 720.311 requires a demand for presuit mediation before these disputes can be filed in court:

• Use of or changes to a parcel or the common areas
• Other covenant enforcement
• Amendments to the association's documents
• Meetings of the board and its committees, and member meetings other than election meetings
• Access to official records

How it works: the aggrieved party serves a written demand in the form set by the statute, listing five certified mediators. The other side has 20 days to respond, by certified mail and first-class mail, and the mediation must be held within 90 days unless both sides agree in writing to extend it. The parties share the mediator's fee equally unless they agree otherwise, and neither needs a lawyer.

If it fails: after an impasse, the aggrieved party can go to court. A party who fails or refuses to take part in the whole process can't recover attorney fees, even after winning.

What's excluded: collecting assessments, fines or other money owed isn't subject to presuit mediation. If you need emergency relief, you can ask a court for a temporary injunction first.

3. Arbitration or mediation (Condos)

Condominiums under Chapter 718 have a different track. Before suing over a "dispute" as the statute defines it, a party must either petition the Division of Florida Condominiums, Timeshares, and Mobile Homes, part of the Department of Business and Professional Regulation (DBPR), for nonbinding arbitration, or start presuit mediation (§718.1255).

A "dispute" covers the board's authority to make an owner act or not act regarding the unit, the board's authority to alter or add to the common elements, and a failure to conduct elections or meetings properly, give adequate notice, or allow inspection of records.

It doesn't cover title, warranties, the levy or collection of assessments, tenant evictions, alleged breaches of fiduciary duty, or damage claims for failure to maintain the property. Those can go straight to court.

Either side can take a nonbinding arbitration decision to court for a new trial, unless the parties agreed the arbitration would be binding.

The DBPR also takes complaints about condo associations and licensed community association managers.

4. Election and recall disputes

These can't be mediated, for HOAs or condos. They go to Division arbitration or to court (§720.311(1), §718.1255(5)).

• HOA elections: a challenge must be started within 60 days after the results are announced (§720.306(9)). The Division's arbitration of these disputes is binding, and the petitioner pays a filing fee of at least $200.
• Recalls: owners can recall a director with or without cause. For HOAs, see §720.303(10), and for condos, §718.112(2)(l). These cases have short deadlines, so act quickly and document everything.

5. When court or small claims makes sense

If mediation fails or the association won't comply, options include:

• Small claims court for money disputes up to $8,000. It's inexpensive, and you don't need an attorney. A dispute that's subject to mediation still has to go through it first.
• County court for money disputes up to $50,000 (§34.01), and circuit court for larger disputes.
• Attorney fees: the prevailing party in a lawsuit under §720.305 or Chapter 718 is generally entitled to attorney fees. That cuts both ways, so it's a strong reason to be reasonable.

The practical playbook

1. Write it down and stay factual.
2. Use the hearing process.
3. Offer or accept mediation early.
4. Go to arbitration or court only if needed.

Learn more

• Florida HOA Laws: A Plain-Language Guide to Florida Statute 720
• Florida Statutes §720.311 — dispute resolution, HOAs (2026)
• Florida Statutes §718.1255 — alternative dispute resolution, condos (2026)

Statutory content on this page was last verified against the 2026 Florida Statutes on 2026-11-04. Confirm current statute text at flsenate.gov before relying on it.