In Florida, before you can sue your HOA over most disputes, you must first offer pre-suit mediation (Fla. Stat. §720.311). You serve a written statutory demand, the other side has 20 days to respond, and the two sides share the mediator's cost. Mediation covers covenant enforcement, records, meetings, use of the parcel or common areas, and amendments, but it does not cover assessment collection or elections and recalls. It is a required, and often successful, step before court.
What pre-suit mediation is
Mediation is a structured settlement conversation led by a neutral mediator. It is not a trial and the mediator does not decide who wins. Instead, the mediator helps both sides find a resolution they can live with. Florida requires it for most HOA disputes because it resolves a large share of them without the cost, delay, and hostility of a lawsuit. The goal is a workable agreement.
Which disputes require it
Under Fla. Stat. §720.311(2), pre-suit mediation is required for disputes about:
- Covenant enforcement (including many fine disputes).
- Use of, or changes to, your parcel or the common areas.
- Amendments to the association documents.
- Meetings of the board and its committees, and membership meetings (other than election meetings).
- Access to the official records of the association.
Which disputes are excluded
Two important carve-outs:
- Collection of assessments, fines, or other financial obligations (including attorney fees and costs) is excluded. Assessment collection can proceed to court without mediation.
- Election disputes and recall disputes are excluded and instead go to DBPR arbitration or court (Fla. Stat. §720.311(1)). See elections and recall.
How it works, step by step
Step 1: Serve the statutory demand. The party who wants to sue serves a written demand for pre-suit mediation that describes the dispute, names the statute, and offers to mediate. The demand must give the other side the required notice and options.
Step 2: The 20-day response. The responding party has 20 days from the mailing of the demand to serve a response agreeing to or refusing mediation and, ideally, proposing mediators (Fla. Stat. §720.311). If a party refuses to mediate or ignores the demand, that failure can be used against them on attorney fees later.
Step 3: Choose a mediator and schedule. The parties agree on a certified mediator. Mediation is then generally scheduled to occur within about 90 days, unless both sides agree to extend.
Step 4: Share the cost. The parties share the costs of pre-suit mediation equally, including the mediator's fee, unless they agree otherwise (Fla. Stat. §720.311). This keeps the process affordable compared to litigation.
Step 5: Mediate. At the session, both sides present their positions and the mediator works toward a settlement. If you reach agreement, it is put in writing and becomes enforceable. If you do not, the mediator declares an impasse.
Step 6: Court, if needed. If mediation ends in impasse, you are then free to file suit. Having tried mediation in good faith is both required and helpful, since a party who refused to mediate may be exposed on fees.
Why it usually helps
Mediation is faster and far cheaper than a lawsuit, it is confidential, and it often preserves a workable relationship with neighbors you still have to live near. Many owners walk out with a written agreement, records produced, a fine rescinded, or an approval granted, without ever filing in court.
Keep paying your assessments
As with any dispute, keep your regular dues current under protest during mediation so the association cannot convert your grievance into a delinquency.
What you can do next
- Confirm your dispute is one that requires mediation (covenants, records, meetings, use, amendments), not an excluded one (assessments, elections, recalls).
- Serve a written statutory pre-suit mediation demand; the other side has 20 days to respond.
- If mediation reaches impasse, escalate to court. See can I sue my HOA.