Yes, you can sue your Florida condo association. But for most disputes you cannot go straight to court. Florida Statute 718.1255 requires DBPR arbitration or pre-suit mediation first, and some disputes (elections and recalls) go to binding arbitration and never reach a regular lawsuit. Knowing the pre-suit path keeps your case from being dismissed for skipping a step.
The pre-suit requirement
Section 718.1255 defines a "dispute" between an owner and the association and channels most of them into a required pre-suit process before litigation:
- Election and recall disputes must go to DBPR mandatory binding arbitration. These do not go to a regular trial.
- Most other covered disputes (such as the use of common elements, or whether the board has authority to require or bar an action) must go to DBPR nonbinding arbitration or pre-suit mediation before you can file most lawsuits.
- After a nonbinding arbitration decision, either party has 30 days to file a trial de novo (a brand-new case) in court. Miss that 30 days and the arbitration decision becomes final and binding.
Not every claim is a "dispute" under this statute. Some claims (for example, certain damages, personal injury, or title questions) can go directly to court. When it is unclear, the safe move is to run the pre-suit step, because a court can dismiss a case that skipped a required arbitration or mediation.
Where you file
- Small claims court handles money disputes up to $8,000 and is built for people without lawyers. Great for a records penalty or an overcharge.
- County or circuit court handles larger money claims, injunctions (an order forcing the board to act or stop), and foreclosure defense.
- DBPR handles the pre-suit arbitration and mediation and the direct complaint process (form 33-032).
Attorney fees cut both ways
Many condo statutes award attorney fees and costs to the prevailing party. When you are clearly right, that makes a lawyer affordable, because the association may have to pay your fees. When your case is weak, you could owe the association's fees. Weigh this honestly before you file, and get a candid read from a Florida attorney.
Before you sue: cheaper rungs first
Litigation is the last rung, not the first. Try these in order:
- Written demand. Put the problem and the fix in writing, cite the statute, and give a deadline.
- Records request. Build your evidence (/documents/records-inspection-request).
- DBPR complaint (form 33-032). Free, and DBPR regulates condo financial, election, and records issues. See (/documents/dbpr-complaint-guide).
- Arbitration or mediation under 718.1255, which is required for most disputes anyway.
- Court if all else fails.
Throughout, if you are in an assessment dispute, keep paying your assessments under protest so the association cannot lien or foreclose while the dispute is open.
When to skip straight to a lawyer
If the association has recorded a lien, filed for foreclosure, or the matter involves building safety, do not run the slow administrative ladder. Talk to a licensed Florida attorney immediately. Your home and short deadlines are on the line.
What you can do next
Start with a written demand and a records request (/documents/records-inspection-request), then file a DBPR complaint (/documents/dbpr-complaint-guide). For most disputes, complete arbitration or mediation under 718.1255 before court, and remember the 30-day trial de novo deadline. For any lien or foreclosure, get a Florida attorney now.