Dispute Resolution
Florida HOA Dispute Resolution: Fla. Stat. 720.311 Guide
Florida Statute 720.311 outlines required presuit mediation procedures, department arbitration rules, deadlines, and fee rules for HOA disputes.
What the law covers
Florida Statute 720.311 covers alternative dispute resolution for homeowners associations and parcel owners. The statute distinguishes between disputes requiring presuit mediation and those requiring binding arbitration:
- Presuit Mediation Required: Disputes between an association and a parcel owner regarding the use of or changes to a parcel or common areas, covenant enforcement, document amendments, board and committee meetings, membership meetings (excluding election meetings), and official records access.
- Arbitration Required: Election disputes and recall disputes are not eligible for presuit mediation. Recall disputes filed with the department under s. 720.303(10) and election disputes between a member and an association must be arbitrated by the department or filed in a court of competent jurisdiction.
- Excluded from Presuit Mediation: Assessment collection, fines, or other financial obligations; actions to enforce prior mediation settlement agreements; and motions for temporary injunctive relief where emergency relief is required.
Key requirements and limits
The statute establishes specific standards and rules governing mediation and arbitration proceedings:
- Tolling of Limitations: Filing an arbitration petition or serving a demand for presuit mediation tolls the applicable statute of limitations.
- Governing Documents: Note that the association's governing documents and later amendments may also apply to community dispute standards.
- Mediator and Arbitrator Certification: Mediators and arbitrators must be certified as circuit court civil mediators or arbitrators by the Florida Supreme Court.
- Cost Sharing: Unless agreed otherwise, parties share presuit mediation costs equally, including the mediator's fee. Mediators may require advance payment.
- Confidentiality: Presuit mediation is privileged and confidential to the same extent as court-ordered mediation. Information or evidence from mediation cannot be considered by an arbitrator or judge except in proceedings to impose sanctions for failing to attend or to enforce a settlement agreement.
- Attendance: Quorum board attendance at mediation is not considered a board meeting for notice and participation under s. 720.303. Non-parties may not attend without consent from all parties, except for legal counsel and the association's designated corporate representative.
- Settlements: Written settlement agreements are binding and enforceable, but do not have precedential value in disputes involving other parties.
Notice, hearing and deadlines
Section 720.311 sets strict timelines and delivery requirements:
- Arbitration Filing Fee: A petitioner must remit an initial filing fee of at least $200 to the department for arbitration.
- Serving a Demand: The statutory demand for presuit mediation must be served by certified mail, return receipt requested, and regular first-class mail to the responding party's last address on the association's books.
- Response Deadline: The responding party has 20 days from the mailing date of the demand to serve a written response by certified mail (return receipt requested) and regular first-class mail.
- Mediation Schedule: Mediation must be conducted within 90 days of the date the offer was filed, unless extended by mutual written agreement. Failure to schedule and conduct mediation within 90 days results in a deemed impasse.
- Consequences of Non-Participation: Failing to respond within 20 days, failing to agree on a mediator, failing to pay mediator fees, or failing to appear creates an impasse. A party failing or refusing to participate in the entire mediation process cannot recover attorney's fees or costs in subsequent litigation.
- Trial De Novo Window: If parties enter nonbinding arbitration following unsuccessful mediation, a final order becomes final and enforceable unless a complaint for trial de novo is filed in court within 30 days.
Practical checklist for homeowners
- Read your association's governing documents and any later amendments.
- Check the exact text of Fla. Stat. 720.311 for potential statutory updates.
- Keep copies of all written statutory demands, responses, and certified mail receipts.
- Review the list of certified mediators provided in any presuit demand letter.
- Maintain records of all advance fee deposits or mediation payments made.
Source
Fla. Stat. 720.311, official text“The filing of any petition for arbitration or the serving of a demand for presuit mediation as provided for in this section shall toll the applicable statute of limitations.”
“Election disputes and recall disputes are not eligible for presuit mediation; these disputes must be arbitrated by the department or filed in a court of competent jurisdiction.”
“The responding party has 20 days from the date of the mailing of the statutory demand to serve a response to the aggrieved party in writing.”
“If any presuit mediation session cannot be scheduled and conducted within 90 days after the offer to participate in mediation was filed, an impasse shall be deemed to have occurred unless both parties agree to extend this deadline.”
Frequently asked questions
What disputes require mandatory presuit mediation under Fla. Stat. 720.311?
Presuit mediation is required for disputes regarding parcel use or changes, common area changes, covenant enforcement, document amendments, board and committee meetings, membership meetings (excluding elections), and official records access.
How long does a responding party have to answer a presuit mediation demand?
The responding party has 20 days from the mailing date of the statutory demand to serve a written response by certified mail and regular first-class mail.
What happens if a party refuses to participate in presuit mediation?
Failure or refusal to participate operates as an impasse, allowing the other party to proceed to court. A party who fails or refuses to participate in the entire mediation process cannot recover attorney's fees or costs in subsequent litigation.
Are HOA election and recall disputes eligible for presuit mediation?
No. Election disputes and recall disputes are not eligible for presuit mediation. They must be arbitrated by the department or filed in a court of competent jurisdiction.
This page is general legal information, not legal advice, and Harrington Community is not a law firm. Statutes are amended over time and your association's governing documents may also apply. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.