Florida Condo ADR: Fla. Stat. 718.1255 Mediation & Arbitration

What the law covers

Fla. Stat. 718.1255 covers alternative dispute resolution, mediation, and nonbinding arbitration for condominium disputes.

It defines a dispute as a disagreement involving the board's authority to require an owner to act or not act regarding a unit or appurtenances, or to alter or add to a common area or element. It also covers a governing body's failure to properly conduct elections, give adequate notice, properly conduct meetings, or allow inspection of books and records, plus a plan of termination under s. 718.117.

The definition excludes disputes primarily about title to a unit or common element, warranty interpretation or enforcement, levy or collection of fees or assessments, eviction or removal of a tenant, alleged breaches of fiduciary duty by directors, or claims for damages to a unit based on alleged failure to maintain common elements or condominium property.

The section does not apply to a nonresidential condominium unless the declaration specifically provides otherwise. The association's governing documents and later amendments may also apply.

Key requirements and limits

Before filing a court lawsuit, a party to a dispute other than an election or recall dispute must either petition the division for nonbinding arbitration or initiate presuit mediation. Arbitration is binding only if all parties agree in a writing filed in arbitration.

The petition must include proof that the petitioner gave the respondents advance written notice of the specific nature of the dispute, a demand for relief with a reasonable opportunity to comply, and notice of the intention to file an arbitration petition or other legal action if the dispute is not resolved. Failure to include these allegations or proof requires dismissal without prejudice.

The division may employ or certify attorneys as arbitrators. A certified arbitrator must be a Florida Bar member in good standing for at least 5 years and meet experience requirements. Arbitrator certification is valid for 1 year. The department may not contract with a non-certified attorney for an arbitration hearing unless no certified arbitrator is available within 50 miles of the dispute.

Notice, hearing and deadlines

The petition must be accompanied by a filing fee in the amount of $50. Filing fees collected under this section must be used to defray the expenses of the alternative dispute resolution program.

After the division determines that a dispute exists and the petition meets requirements, it assigns or contracts with an arbitrator. The arbitrator shall conduct a hearing within 30 days after being assigned or entering into a contract unless the petition is withdrawn or a continuance is granted for good cause shown.

The arbitration decision shall be rendered within 30 days after the hearing and presented to the parties in writing. A decision is final if the parties agreed to be bound, or if a complaint for a trial de novo is not filed within 30 days in a court of competent jurisdiction where the condominium is located.

If a party files for a trial de novo and the judgment is not more favorable than the arbitration decision, that party may be assessed the other party's arbitration costs, court costs, and other reasonable costs, including attorney fees, investigation expenses, and expert or testimony expenses incurred after the hearing.

Practical checklist for homeowners

Read your governing documents and the official statute text to confirm whether your disagreement is a covered dispute. Keep copies of any advance written notice, demand for relief, and notice of intent to file legal action. If you file an arbitration petition, include the $50 filing fee and proof of pre-filing notice and demand. Attend any duly noticed mediation conference; failure to attend without permission can result in sanctions such as striking pleadings, dismissal or default, and an award of costs and attorney fees. Check the official text for updates, because the law may change.