Florida Statutes 718.1255: Condo Arbitration and Mediation

Quick Answer

Section 718.1255 is Florida's gatekeeper for condominium disputes. Before suing over a covered "dispute," a party must either petition the state Division for nonbinding arbitration or start presuit mediation under section 720.311. Election and recall disputes are the exception: they cannot be mediated and must go to arbitration or court.

The statute carves out whole categories, including assessment collection, fiduciary-duty claims and tenant evictions. A 2023 act (chapter 2023-203) adds a new category of disputes about milestone inspections and structural reserve studies, effective July 1, 2027.

At a Glance

What the Law Says

What counts as a "dispute"

Subsection (1) defines a dispute as a disagreement that involves:

• The board's authority to require an owner to act or not act regarding the unit or its appurtenances, or to alter or add to a common area or element.
• A failure to properly conduct elections, give adequate notice of meetings or other actions, properly conduct meetings, or allow inspection of books and records.
• A plan of termination under section 718.117.

It "does not include any disagreement that primarily involves" title to a unit or common element, warranty interpretation or enforcement, "the levy of a fee or assessment, or the collection of an assessment levied against a party," eviction of a tenant, "alleged breaches of fiduciary duty by one or more directors," or claims for damages to a unit based on the association's alleged failure to maintain common elements.

The two routes before court

Subsection (4)(a) says that before court litigation, a party to a dispute, other than an election or recall dispute, "shall either petition the division for nonbinding arbitration or initiate presuit mediation as provided in subsection (5)." The arbitration petition requires a $50 filing fee. Under (4)(b) it must attach proof that the petitioner gave the respondents advance written notice of the dispute, a demand for relief with a reasonable opportunity to comply, and notice of intent to file a petition or lawsuit. Missing proof "requires dismissal of the petition without prejudice."

Arbitration mechanics

• The arbitrator must hold a hearing within 30 days after assignment, absent withdrawal or a continuance for good cause (4)(d).
• The written decision is due within 30 days after the hearing (4)(k).
• A decision becomes final if no complaint for trial de novo is filed within 30 days, or if the parties agreed to be bound (4)(k).
• The prevailing party in arbitration is awarded costs and reasonable attorney fees (4)(k).
• A party who files for trial de novo and does not get a more favorable judgment pays the other side's post-hearing costs and fees (4)(l).
• Filing a petition tolls the statute of limitations (4)(i).

Mediation inside arbitration

Any party may ask the arbitrator to refer the case to mediation, and the arbitrator may refer a case "at any time." A party that fails to attend a duly noticed mediation without permission faces mandatory sanctions, including striking pleadings, dismissal or default, and fees and costs (4)(f). An association may satisfy the "full authority" requirement by sending representatives who can recommend a settlement for board ratification within 5 days. If the mediator declares impasse, the arbitration ends unless all parties agree in writing to continue.

Election disputes

Subsection (5) says election and recall disputes "are not eligible for mediation and such disputes must be arbitrated by the division or filed in a court of competent jurisdiction." Subsection (6) directs expedited handling of petitions challenging a director's election, in the manner of recall arbitration under the division's rules.

What This Means in Practice

For boards

Before defending or filing anything, sort the matter. A records or meeting-notice complaint, an owner demand about unit use, or a challenge to a termination plan is likely covered. A delinquent-assessment case is not. Our reading: a dispute that mixes covered and excluded issues turns on what it "primarily involves," and that word is likely to be argued, so counsel should make the call.

Keep the paper trail the arbitration petition requires: written notice of the issue, a demand for relief and a chance to comply. An association that wants a petition dismissed for missing proof can only use that argument if the owner skipped those steps.

For owners

An owner who sues first and skips both routes risks a dismissal. Statute-specific pitfalls are the notice letter, the $50 fee and, for mediation, the formal demand described on our section 720.311 page.

The 2027 change

Chapter 2023-203, section 7, adds a fourth category effective July 1, 2027: failure of a board, when required, to obtain the milestone inspection under section 553.899, obtain the reserve study under section 718.112(2)(g), fund reserves for those items, or make or provide maintenance or repairs recommended by either. Under the amended subsection (5), those disputes "are not subject to nonbinding arbitration under subsection (4) and must be submitted to presuit mediation." Open question: how the mediation-only track will work in practice until the effective date and any rule changes.

Timeline

Related Florida Law

• Section 720.311, which supplies the presuit mediation procedure: HOA and condo presuit mediation.
• Section 718.117 on termination: condominium termination.
• Section 718.111 on official records, a common dispute subject.
• Section 553.899 milestone inspections.
• The Condominium Act overview.

Board Checklist

• Sort every incoming complaint: covered dispute, excluded subject, or mixed.
• Keep written proof of notice, demand for relief and compliance opportunity for owner conflicts.
• Calendar the 30-day windows for hearing, decision and trial de novo.
• Send a representative with settlement authority, and plan how the board will ratify within 5 days.
• Do not treat election challenges as mediation matters.
• Note July 1, 2027 on the compliance calendar for the milestone and reserve-study dispute category.
• Report any filing to your insurer and counsel promptly.

Frequently Asked Questions

Must a condo owner try arbitration or mediation before suing?

For a covered dispute, yes. The statute says a party "shall either petition the division for nonbinding arbitration or initiate presuit mediation" before litigation, except election and recall disputes.

Are assessment collection cases covered?

No. The definition of dispute excludes disagreements primarily about the levy of a fee or assessment or the collection of an assessment levied against a party.

Is arbitration under this section binding?

Only if all parties agree in a writing filed in arbitration. Otherwise either side may file for trial de novo within 30 days.

What does it cost to file?

The petition requires a $50 filing fee. The prevailing party recovers arbitration costs and reasonable attorney fees as set by the arbitrator.

Can election disputes be mediated?

No. They must be arbitrated by the Division or filed in court, and arbitration of a director election challenge is expedited.

Does the section apply to commercial condominiums?

Not unless the declaration of the nonresidential condominium says so.

Where This Comes From

We read the full 2026 text and history line of section 718.1255 and the 2027 effective-date note on the Florida Legislature's Online Sunshine site (section 718.1255), and section 720.311 for the mediation cross-reference. Quotations are from the statute text. We did not read chapter 2023-203 itself.

Where We Stand

Our position: we support the pre-suit requirement. From a management seat, most owner conflicts start as a missed email or a records request that went unanswered, and a structured step before litigation gives the board a chance to fix the problem cheaply. A practical tip: log every owner complaint with a date, a written response and the relief requested, so the association can show it offered compliance. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.