Homeowners' Associations - FAQs
FAQ’s and answers are provided to the public for quick reference to commonly asked questions. They are not to be considered legal advice. If you are conducting legal research or your question arises as a result of litigation, you should consult with an attorney or refer to the latest edition of the Florida Statutes.
No. The Legislature amended section 720.311, Florida Statutes, to provide that parties to homeowners’ association disputes may use private mediators to assist them in resolving their issues. Certified mediators may be selected by visiting the Supreme Court’s website at www.flcourts.org. The private mediation program replaced the Division’s mandatory HOA mediation program.
A homeowner has the choice to file election and recall disputes in arbitration or in the Circuit Court where the Association is located. A homeowners’ election dispute petition must be filed within 60 days after the election results are announced. A homeowners’ recall dispute Petition must be filed within 60 days after the expiration of the applicable 5-full-business-day period. Before you can file a petition to commence a challenge to a homeowners’ election or a petition challenging the board’s failure to certify a recall you must have provided the Association with proper pre-arbitration notice as required by Section 718.1255(4)(b), Florida Statues which requires:
- Advance written notice of the specific nature of the dispute.
- A demand for relief, and a reasonable opportunity to comply or to provide relief; and
- Notice of the intent to file an arbitration or other legal action in the absence of resolution of the dispute.
Failure to comply with the pre-arbitration notice requirements will result in the dismissal of your petition.
For homeowners’ association recall and election disputes, the cost includes a $200 filing fee that must accompany the petition for arbitration, plus the Department’s fee that is invoiced at the conclusion of the proceeding. The Department’s fee will be an amount adequate to cover all costs and expenses incurred by the Department in conducting the arbitration proceeding. Please note, if you lose in arbitration, you may have to pay the other side’s attorney’s fees and costs. Please refer to the HOA Cost Information Sheet.
All HOA arbitration forms may be found at the Division’s Homeowners’ Association web page at http://myfloridalicense.com/condos-timeshares-mobile-homes/homeowners-associations/. If you have any questions regarding what form to use or about the arbitration process in general, please contact the Division at 850.414.6867.
The arbitration forms may also be obtained by writing:
Department of Business and Professional Regulation
Division of Florida Condominiums, Timeshares, and Mobile Homes – Arbitration Section
2601 Blair Stone Road
Tallahassee, Florida 32399-1030
No. The Division of Florida Condominiums, Timeshares, and Mobile Homes, or any other governmental agency, does not have statutory authority to investigate complaints against homeowners’ associations.
- The newly elected or appointed director must complete the department-approved education for newly elected or appointed directors within 90 days after being elected or appointed.
- The certificate of completion is valid for 1up to 4 years.
- A director must complete the education specific to newly elected or appointed directors at least every 4 years.
- The department-approved educational curriculum specific to newly elected or appointed directors must include training relating to financial literacy and transparency, recordkeeping, levying of fines, and notice and meeting requirements.
Quick Links
Need Help?
All requests for publications, documents, forms, applications for licenses, permits and other similar certifications can be obtained by contacting the Customer Contact Center.
Chevonne Christian, Director
Division of Florida Condominiums,
Timeshares, and Mobile Homes
2601 Blair Stone Road
Tallahassee, FL 32399-0791
Telephone: 850.488.1122
Facsimile: 850.921.5446