Florida HOA Dispute Resolution: Fla. Stat. 720.311 Guide

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.