Do I have to mediate before suing my condo association or HOA in Florida?

For many disputes, yes. For a condominium, Section 718.1255(4)(a), Florida Statutes, requires a party to a covered dispute to petition the Division of Florida Condominiums, Timeshares, and Mobile Homes for nonbinding arbitration or start presuit mediation before going to court. For an HOA, Section 720.311(2) requires presuit mediation for disputes over use of or changes to a parcel or common areas, covenant enforcement, amendments, meetings, and access to records. Neither requirement covers collecting an assessment, and a motion for emergency relief can go to court sooner.

How quickly must a Florida association let me see its records?

A condominium association must make its official records available within 10 working days after a written request under Section 718.111(12), Florida Statutes. An HOA has 10 business days under Section 720.303(5). Missing the deadline creates a rebuttable presumption of willful failure and allows minimum damages of $50 per calendar day for up to 10 days; for an HOA, the presumption applies when the request was sent by certified mail, return receipt requested.

Can a condo or HOA fine become a lien on my home?

Under Section 718.303(3), Florida Statutes, a condominium fine may not become a lien against a unit. Under Section 720.305(2), an HOA fine of less than $1,000 may not become a lien against a parcel. Before a fine is final, both statutes require at least 14 days' written notice and an opportunity for a hearing before a committee of at least three members who are not officers, directors, or employees of the association.

Condo and HOA Disputes in Miami

Name: Arturo Alfonso
Address: 7821 Coral Way, Suite 125, Miami, FL, 33155, US
Telephone: (305) 266-9584

Arturo R. Alfonso P.A. represents Miami-Dade owners, in English and Spanish, in disagreements with their condominium or homeowners’ association: violation letters, fines, records the board will not produce, meetings and amendments, and changes to a unit or the common areas. This page explains how the firm handles these matters, stage by stage, and what to send us early.

If the dispute is about money the association says you owe, start with our guide Can an HOA foreclose on my home in Florida?, which covers assessment liens, the required notices, and how to stop a collection case. Related questions are answered in who pays a condo special assessment, what an HOA estoppel letter is, and Florida’s condo milestone inspection and SIRS rules. This page covers the other kind of dispute: what the board is requiring of you, or failing to do.

Stage 1: Reading the Documents and Asking for the Records

Every association dispute starts with the governing documents: the declaration, the bylaws, the rules, and any amendments. In Miami-Dade, the declaration and its recorded amendments are public Official Records kept by the Clerk’s Office of County Recorder, so we pull the recorded versions and compare what the board is asking of you with what they and the statute allow. Condominiums are governed by Chapter 718, Florida Statutes, and homeowners’ associations by Chapter 720, and the two chapters do not always say the same thing.

Owners have a right to see the association’s official records. Under Section 718.111(12), a condominium association must make them available within 10 working days after receiving a written request. Under Section 720.303(5), an HOA has 10 business days. If the association misses the deadline, both statutes create a rebuttable presumption that the failure was willful and allow minimum damages of $50 per calendar day for up to 10 days. For an HOA, the presumption applies when the request was sent by certified mail, return receipt requested, so that is how we send it.

Stage 2: Answering a Violation Notice or a Fine

Many disputes begin with a letter saying a fence, a rental, a pet, or a renovation breaks the rules. Before a fine is final, both chapters require at least 14 days’ written notice and an opportunity for a hearing before a committee of at least three members who are not officers, directors, or employees of the association (Section 718.303(3) for condos, Section 720.305(2) for HOAs). We review whether the rule exists and was validly adopted, whether the notice was proper, and what to present at the hearing.

A fine is treated differently from an assessment. Under Section 718.303(3), a condominium fine may not become a lien against a unit. Under Section 720.305(2), an HOA fine of less than $1,000 may not become a lien against a parcel.

Stage 3: The Required Step Before a Lawsuit

For many association disputes, Florida law requires an attempt at resolution before court. For condominiums, Section 718.1255(4)(a) says that before court litigation, a party to a covered dispute must either petition the Division of Florida Condominiums, Timeshares, and Mobile Homes for nonbinding arbitration or start presuit mediation. Covered disputes include a board’s authority to require an owner to act or not act regarding the unit, to alter or add to the common elements, and failures to properly conduct elections or meetings, give adequate notice, or allow inspection of the books and records. It does not include disputes that primarily involve title, warranties, assessments, tenant evictions, or directors’ fiduciary duties. Beginning July 1, 2027, it also reaches a board’s failure, when required, to obtain a milestone inspection or structural integrity reserve study, fund required reserves, or make repairs those reports recommend; those disputes go to presuit mediation, not to the Division’s arbitration.

For HOAs, Section 720.311(2) requires presuit mediation before suit for disputes over use of or changes to a parcel or the common areas, covenant enforcement, amendments, meetings, and access to official records. It begins with a statutory demand sent by certified mail and first-class mail; the other side has 20 days from mailing to respond, and mediation must take place within 90 days of the offer unless both sides agree to extend. It does not apply to collecting an assessment, fine, or other financial obligation. A party that fails or refuses to participate loses the right to recover attorney fees and costs in later litigation on the dispute. Election and recall disputes follow separate rules under both chapters and are not eligible for presuit mediation.

We prepare the demand or petition, gather the documents the mediator or arbitrator will need, and attend with you. If a situation cannot wait, Section 720.311(2)(a) allows a motion for temporary injunctive relief to be filed without first mediating, and Section 718.1255(4)(c) allows a motion to stay a condominium arbitration when emergency relief is needed.

Stage 4: When the Dispute Goes to Court in Miami-Dade

If the required step ends without an agreement, the case is filed in the Eleventh Judicial Circuit. Money claims up to $50,000 are county court cases under Section 34.01(1)(c); larger claims are circuit court cases, and the circuit court also hears cases in equity under Section 26.012(2)(c). Both chapters let the prevailing party recover reasonable attorney fees (Section 718.303(1) and Section 720.305(1)), and that cuts both ways, so we discuss the cost and the risk with you before any filing.

What to Send Us Early

Every letter, violation notice, or hearing notice from the association or its manager, with the envelopes.
Your declaration, bylaws, rules, and any amendments you have.
Copies of any records request you have sent and any reply.
Your folio number or unit number, and the name of the management company.

Contact Us

Received a violation letter, a fine, or no answer to a records request? Send us the letter and your association documents, and Attorney Alfonso will review what the statute and your declaration require before you respond.

Call (305) 266-9584 or request a free consultation. Office: 7821 Coral Way, Suite 125, Miami. Se habla español.