What is Mediation?

Mediation is a voluntary, confidential, and informal process where a neutral third party (the mediator) helps disputing parties reach their own mutually acceptable resolution. A mediator does not make decisions or impose solutions. The role of the mediator is to facilitate communication and negotiation to help parties find common ground.

In Florida, the Homeowners Association mediation process is a mandatory pre-suit requirement for specific disputes as outlined in Florida Statute § 720.311. This process is in place to resolve conflicts through a neutral party before they escalate to costly and lengthy litigation.

Mediation is required as a prerequisite to filing a lawsuit for disputes involving covenant enforcement (violations of architectural guidelines or community rules), property use (disagreements over changes to a parcel or common areas), governing document amendments (disagreements over changes to the HOA’s rules), and maintenance obligations (disputes regarding the upkeep of property).

Mediation Process

A written demand must be sent via certified first-class mail by the aggrieved party. Once this has been accomplished the recipient has 20 days from the date of mailing to respond in writing. Typically the mediation session must occur within 90 days of the demand being sent. During the mediation session, the mediator will explain the rules and confidentiality. Both parties will present their views of the facts and legal arguments. The mediator will then meet with each party separately to explore potential compromises and settlement terms. If common ground is found, the parties sign a legally binding settlement agreement.

Failure to participate in good faith can result in significant legal repercussions. Any party that refuses to participate loses the right to recover attorney fees in any future lawsuit related to that dispute, even if they win the case. If a party fails to respond within the 20-day window, the other party is generally entitled to proceed immediately to court.

 Frequently Asked Questions — HOA Mediation

Is mediation required before suing an HOA in Florida?

Yes. For many types of HOA disputes in Florida, pre-suit mediation or arbitration is required before a lawsuit can be filed. The Florida Division of Condominiums, Timeshares, and Mobile Homes administers a mandatory non-binding arbitration program for certain disputes between homeowners and their associations governed by Chapter 720. Disputes covered include elections, meetings, access to records, and certain rule enforcement matters.

What types of HOA disputes require arbitration before litigation in Florida?

Under Florida Statute §720.311, mandatory pre-suit arbitration is required for disputes regarding elections, meetings, access to records, and recall of board members. Other types of disputes — such as those involving fines, assessments, or the association's failure to maintain common areas — may not require arbitration and can proceed directly to court after mediation, depending on the specific nature of the claim.

What happens at HOA mediation in Florida?

At HOA mediation, both the homeowner and the association (typically represented by its attorney) present their positions to a neutral mediator. The mediator facilitates discussion and helps the parties attempt to reach a voluntary settlement. Mediation is confidential — statements made during mediation generally cannot be used in later court proceedings. If mediation fails, the matter can proceed to arbitration or court, depending on the type of dispute.

Why should I have an attorney at HOA mediation?

The association will almost certainly have legal counsel present at mediation. Having your own attorney levels the playing field, ensures you understand the legal merits and weaknesses of your position, prevents you from making admissions that could hurt you later, and positions you to negotiate the best possible settlement. Attorney Eliot Dempsey has extensive experience representing homeowners in HOA mediation and arbitration throughout Florida.

What does it cost to file for HOA arbitration with the Florida Division?

The Florida Division of Condominiums, Timeshares, and Mobile Homes charges a filing fee for arbitration petitions — currently $200 for homeowners. The arbitration process is designed to be more streamlined and less expensive than full court litigation. However, both parties typically incur attorney's fees, and the arbitration decision (while non-binding initially) significantly shapes what happens next if the matter proceeds to court.