The board is breaking its own rules or the law
The board is ignoring the governing documents or a statute: an unfair architectural denial, improper meetings or notice, a questionable election, selective enforcement, or refusing to do its job. Here is the path Florida owners generally follow, one step at a time. You decide which steps to take.
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1
Pin down the exact rule they are breaking
Find the specific section of the recorded declaration, the bylaws, or the statute that the board is violating. A board can only be held to a rule that is actually written down. The guide for your topic points you to the right section.
Once you can cite the exact provision, put the board on formal notice.
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2
Send a demand to cure
Send a written demand that quotes the provision, states what the board did wrong, and asks it to fix the problem by a date. This is also the pre-suit notice Florida generally requires before a dispute can go further.
If the board does not cure, escalate. HOAs go to mediation, condos to arbitration or the state.
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3
Pre-suit mediation
Florida requires most HOA covenant-enforcement disputes to attempt pre-suit mediation before court. Offer it in writing.
If mediation fails, the remaining step is court, and that is an attorney's job.
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4
Court
If every earlier step fails, enforcing the documents in court is the final rung. This is where you should have a Florida attorney.
This is the end of the enforcement ladder.
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1
Pin down the exact rule they are breaking
Find the specific section of the recorded declaration, the bylaws, or the statute that the board is violating. A board can only be held to a rule that is actually written down. The guide for your topic points you to the right section.
Once you can cite the exact provision, put the board on formal notice.
-
2
Send a demand to cure
Send a written demand that quotes the provision, states what the board did wrong, and asks it to fix the problem by a date. This is also the pre-suit notice Florida generally requires before a dispute can go further.
If the board does not cure, escalate. HOAs go to mediation, condos to arbitration or the state.
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3
Arbitration or the state
Most condo disputes go to pre-suit mediation through the DBPR before court, with mandatory arbitration reserved for certain matters like elections and recalls. The Ombudsman can help with meetings and elections.
If it is still unresolved, the remaining step is court, and that is an attorney's job.
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4
Court
If every earlier step fails, enforcing the documents in court is the final rung. This is where you should have a Florida attorney.
This is the end of the enforcement ladder.
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Open any step above, fill the letter in yourself, and send it. Start with the first one.
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