How are Florida condo disputes resolved before court?
Florida gives condominium owners and associations a required detour before the courthouse for certain disagreements. For a covered "dispute," a party must — before filing a lawsuit — either petition the Division of Florida Condominiums, Timeshares, and Mobile Homes (DBPR) for nonbinding arbitration or initiate presuit mediation, except for election and recall disputes, which are not eligible for mediation and must be arbitrated by the Division or filed in court (§ 718.1255(4)(a), (5)).
What counts as a "dispute" is defined narrowly. It covers disagreements about the board's authority to require an owner to take (or not take) an action involving the owner's unit, or to alter or add to a common area or element; a governing body's failure to properly conduct elections, give adequate notice of meetings, properly conduct meetings, or allow inspection of books and records; and plans of termination (§ 718.1255(1)). It does not cover — among other exclusions — the levy or collection of assessments, title questions, warranty disputes, tenant evictions, alleged breaches of fiduciary duty by directors, or damage claims based on the association's alleged failure to maintain the common elements.
Before petitioning for arbitration, the petitioner must have given the other side advance written notice of the specific nature of the dispute, a demand for relief with a reasonable opportunity to comply, and notice of the intention to file — and must attach proof of those steps to the petition, or it is dismissed without prejudice. The petition carries a $50 filing fee. The arbitration is nonbinding unless all parties agree in writing to be bound; an arbitration decision becomes final if no party files a complaint for a trial de novo in court within 30 days. The prevailing party in arbitration is awarded costs and reasonable attorney fees (§ 718.1255(4)).
The practical takeaway for owners and boards is that the paper trail matters: the statute rewards parties who can show written notice, a demand for relief, and an opportunity to comply — the exact records a well-run association keeps as a matter of course.
What § 718.1255 says, section by section
| Subsection | Plain-English translation | Citation |
|---|---|---|
| (1) | Defines "dispute": board authority to require owner action (or inaction) involving the unit, or to alter/add to a common area or element; a governing body's failure to properly conduct elections, give adequate meeting notice, properly conduct meetings, or allow inspection of books and records; and plans of termination under § 718.117. Expressly excludes title questions, warranty disputes, the levy of a fee or assessment or collection of an assessment, tenant eviction/removal, alleged director fiduciary breaches, and damage claims based on alleged failure to maintain the common elements. | § 718.1255(1) |
| (2) | Mediation through Citizen Dispute Settlement Centers (§ 44.201) is encouraged. | § 718.1255(2) |
| (3) | Legislative findings: owners are often at a cost disadvantage litigating against an association; ADR reduces court dockets, delay, and fees while preserving the right to a trial. | § 718.1255(3) |
| (4) | Nonbinding arbitration. The Division employs or certifies attorney arbitrators (Florida Bar member in good standing; certified arbitrators need 5+ years membership plus specified dispute experience or Bar board certification; certification is valid 1 year). The arbitrator's decision is final but is not final agency action; parties may proceed to a trial de novo unless they agreed the arbitration is binding. | § 718.1255(4) |
| (4)(a) | Before court litigation, a party to a dispute — other than an election or recall dispute — must either petition the Division for nonbinding arbitration or initiate presuit mediation under subsection (5). Arbitration becomes binding only if all parties agree in a writing filed in the arbitration. Filing fee: $50. | § 718.1255(4)(a) |
| (4)(b) | The petition must recite and attach proof that the petitioner gave the respondents: advance written notice of the specific nature of the dispute; a demand for relief and a reasonable opportunity to comply; and notice of intent to file. Missing prerequisites ⇒ dismissal without prejudice. | § 718.1255(4)(b) |
| (4)(d) | Once the Division determines a dispute exists and the petition qualifies, it assigns an arbitrator, who must conduct a hearing within 30 days of assignment (absent withdrawal or good-cause continuance). | § 718.1255(4)(d) |
| (4)(e)–(h) | Any party may request referral to mediation; if all parties agree (or the arbitrator refers it), the parties select a mutually acceptable mediator from the Division's certified list. Failure to attend a noticed mediation conference draws sanctions. Mediation is privileged and confidential; on impasse the arbitration terminates unless all parties agree in writing to continue. Parties share mediation expenses equally unless agreed otherwise. | § 718.1255(4)(e)–(h) |
| (4)(i)–(j) | Arbitration follows Division rules; filing a petition tolls the statute of limitations. Arbitrators may issue subpoenas; discovery is at the arbitrator's discretion. | § 718.1255(4)(i)–(j) |
| (4)(k) | The decision must be rendered within 30 days after the hearing, in writing. It is final if the parties agreed to be bound — or if no complaint for a trial de novo is filed in a court where the condominium is located within 30 days. The prevailing party is awarded arbitration costs and reasonable attorney fees, including those incurred for any scheduled mediation. | § 718.1255(4)(k) |
| (4)(l) | Cost-shifting on a trial de novo: the party who files, but does not obtain a more favorable judgment, is assessed the other party's arbitration costs, court costs, and other reasonable costs including attorney fees. | § 718.1255(4)(l) |
| (4)(m) | Arbitration awards and mediation settlements are enforceable by petition in a court where the condominium is located; the petitioner recovering enforcement is awarded reasonable fees and costs. | § 718.1255(4)(m) |
| (5) | Presuit mediation under § 720.311 is the alternative to arbitration — but election and recall disputes are not eligible for mediation and must be arbitrated by the Division or filed in court. | § 718.1255(5) |
| (6) | Petitions challenging the legality of a board election must be handled on an expedited basis under the Division's recall-arbitration rules. | § 718.1255(6) |
| (7) | Does not apply to nonresidential condominiums unless the declaration provides otherwise. | § 718.1255(7) |