Florida Statutes 720.311: HOA Presuit Mediation Demand

Quick Answer

Section 720.311 requires a written demand for presuit mediation before a Florida HOA dispute over parcel use, covenant enforcement, amendments, meetings or official records can be filed in court. Disputes about collecting assessments, fines or other money owed are excluded, and election and recall disputes cannot be mediated at all.

The statute prescribes the demand form, certified-mail service, a 20-day response window and a 90-day deadline to hold the mediation. A party who refuses to take part in the whole process cannot recover attorney fees later.

At a Glance

What the Law Says

Which disputes require mediation first

Subsection (2)(a) covers "disputes between an association and a parcel owner regarding use of or changes to the parcel or the common areas and other covenant enforcement disputes, disputes regarding amendments to the association documents, disputes regarding meetings of the board and committees appointed by the board, membership meetings not including election meetings, and access to the official records of the association." Those disputes "shall be the subject of a demand for presuit mediation served by an aggrieved party before the dispute is filed in court."

Excluded: "the collection of any assessment, fine, or other financial obligation, including attorney's fees and costs, claimed to be due," and any action to enforce a prior mediation settlement. If emergency relief is needed, a motion for temporary injunction "may be filed with the court without first complying" with the mediation requirement.

The demand, service and deadlines

• The demand must be in substantially the statutory form, headed "Statutory Offer to Participate in Presuit Mediation," and must list the specific disputes and the authority supporting a violation finding.
• It must propose five certified mediators with their hourly rates.
• Service is by certified mail, return receipt requested, plus first-class mail, to the responding party's address on the association's records (2)(b).
• The responding party has 20 days from mailing to respond in writing, also by certified and first-class mail.
• The mediation conference must be held within 90 days, or an impasse is deemed to have occurred unless both parties agree to extend.
• Costs, including the mediator's fee, are shared equally unless the parties agree otherwise.

Consequences of not participating

Failing to respond, to agree on a mediator, to pay as required or to appear "shall constitute the failure or refusal to participate" and operates as an impasse, entitling the other side to go to court. The statute adds that persons who "fail or refuse to participate in the entire mediation process may not recover attorney's fees and costs in subsequent litigation relating to the dispute."

After mediation

If mediation does not resolve everything, the parties may file the unresolved issues in court or choose binding or nonbinding arbitration under section 718.1255. A nonbinding arbitration order becomes final if no trial de novo complaint is filed within 30 days. The prevailing party in later arbitration or litigation may seek costs and fees incurred in the presuit mediation. Mediators and arbitrators must be certified under Florida Supreme Court requirements, and settlement agreements have no precedential value for other parties.

Election and recall disputes

Subsection (1) provides that these "are not eligible for presuit mediation; these disputes must be arbitrated by the department or filed in a court." Recall disputes follow sections 718.112(2)(l) and 718.1255. The petitioner remits a filing fee of at least $200, and the department charges the parties a fee adequate to cover its costs at the end of arbitration. Filing an arbitration petition or serving a mediation demand tolls the statute of limitations.

What This Means in Practice

Boards

Treat a mediation demand letter as a deadline document. The 20-day response clock runs from the date of mailing, not receipt, so route association mail promptly and log postmark dates. When a quorum of the board attends mediation, the statute says it "is not a board meeting" for the notice and participation rules of section 720.303.

Our reading: because only one side must show the other refused to participate to lose fee recovery, a board that ignores a valid demand risks giving up its fee claim even if it would have won.

Owners

Defects in the demand (wrong form, missing mediators, ordinary mail only) are likely to be argued by the other side. A fine or assessment dispute is outside this section, so owners cannot use it to delay collection.

Open questions

The statute does not define the boundary between a "covenant enforcement" dispute and a "fine" dispute. If a fine and a violation are litigated together, which route governs is a question for counsel.

Timeline

Related Florida Law

• Section 718.1255 for condominiums: condo dispute resolution.
• Section 720.303 on records and meetings.
• Section 720.305 on fines, outside this section.
• Pecchia v. Wayside Estates on records disputes.
• Chapter 720 overview.

Board Checklist

• Designate who opens certified mail and logs mailing dates.
• Calendar the 20-day response and 90-day mediation deadlines on receipt of any demand.
• Keep a short list of certified mediators ready.
• Decide who attends with authority and how settlements get approved.
• Separate money claims (fines, assessments) from covenant claims in your files.
• Confirm whether the dispute is an election or recall matter, which must follow a different path.

Frequently Asked Questions

Does presuit mediation apply to unpaid assessments?

No. The statute excludes collection of any assessment, fine or other financial obligation.

How long does the other side have to respond to a demand?

20 days from the date of mailing, in writing, by certified mail plus first-class mail.

What if mediation cannot be scheduled?

If a session cannot be scheduled and conducted within 90 days after the offer, an impasse is deemed to occur unless both parties agree to extend.

Who pays the mediator?

The parties share the cost equally unless they agree otherwise, and the mediator may require advance payment.

Can I go to court immediately if I need an injunction?

The statute allows a motion for temporary injunctive relief without first complying with presuit mediation. Confirm timing with counsel.

Are election disputes mediated?

No. They must be arbitrated by the department or filed in court.

Where This Comes From

We read the full 2026 text and history line of section 720.311 on the Florida Legislature's Online Sunshine site (section 720.311) and section 718.1255 for the cross-references. Quotations are from the statute text.

Where We Stand

Our position: we support the presuit mediation requirement. Most covenant, architectural and records disputes in the communities we see end up costing more in legal fees than the underlying issue is worth, and a mediator can often settle them in a single session. A practical tip: keep a standing procedure for demand letters so the 20-day response is never missed, since a missed deadline can cost the association its fee recovery. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.

How APM Helps

Association Property Managers provides remote HOA and condo management for associations in Florida, starting at a flat $99/month per community with no per-door fees or long-term contracts. See remote management in Florida, browse every Florida state-law guide, or request a free proposal, delivered within three business days. Laws and licensing rules differ by state, and we confirm the requirements for Florida when we build your proposal.

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.