F.S. 720.311 is the statute that separates "we are fighting" from "we are suing." For most covenant-enforcement disputes, assessment challenges, and rule-interpretation fights in a Florida HOA, the parties cannot file a lawsuit in circuit court until they have offered and attempted pre-suit mediation. A board that skips this step loses its attorneys' fees claim under F.S. 720.305(1) and may see the action dismissed. A member who skips it may have the complaint thrown out on the same grounds. For CAMs, this is the first question to flag when a board says "we are ready to sue."
What the statute says
The relevant language is F.S. 720.311(2)(a):
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 shall be filed with the Department of Business and Professional Regulation for mandatory mediation before the dispute is filed in court.
The coverage is broad. Most day-to-day board-versus-member disputes sit inside this list. Three common disputes that are NOT on the list, and therefore can skip pre-suit mediation:
- Election disputes. Election-related fights have their own DBPR-arbitration track.
- Monetary collection actions by the association for unpaid assessments after a Notice of Lien has been filed. Foreclosure actions on the lien are separate.
- Emergency injunctive relief, where waiting for mediation would cause irreparable harm (imminent demolition, ongoing trespass).
If the dispute is not clearly on the exclusion list, assume mediation is required.
"How does a board open the pre-suit mediation offer?"
The initiating party sends a written demand for pre-suit mediation to the other party. DBPR publishes a form offer letter, but the statute does not require that specific form; what it requires is a written offer that names the dispute, demands mediation, and identifies at least five certified mediators.
Three practical steps for the board:
- Serve the offer on the parcel owner at the record address. Certified mail + regular mail is the standard practice. If the owner is a corporate entity, serve the registered agent listed on Sunbiz.
- Wait 20 days. F.S. 720.311(2)(b) gives the responding party 20 days to accept, decline, or propose alternative mediators. Silence = rejection after 20 days.
- File the complaint only after the 20 days elapse (or after mediation actually occurs and fails). The mediation offer itself is admissible in the ensuing action for the limited purpose of demonstrating the statutory precondition was satisfied.
"What happens at the mediation?"
Florida mediators appointed through DBPR run pre-suit mediation sessions at a cost the parties split equally unless they agree otherwise. The mediator is a facilitator, not a decision-maker. A settlement reached at mediation, reduced to writing and signed by the parties, is enforceable as a contract. No settlement, and the parties get a certificate from the mediator confirming mediation occurred; that certificate attaches to the complaint as proof the precondition was met.
Two practical points boards usually miss:
- Mediator costs are real. Expect $400 to $800 per half-day session. Two sessions is not unusual for a substantive covenant dispute. Budget for the association's share in the fiscal-year enforcement line.
- An attorney is not required at mediation but is nearly always useful. The mediator will not give legal advice. A member who shows up unrepresented against association counsel is negotiating at a disadvantage that usually produces a lopsided settlement.
"What if the member refuses mediation?"
F.S. 720.311(2)(b) is explicit: if the responding party fails to respond within 20 days, the initiating party may proceed to court. The refusal itself becomes part of the record and may influence attorney- fee allocation if the association ultimately prevails. Members should not ignore a properly served mediation offer. Boards should not use the "refusal" as a first-resort fee-shifting tactic; that argument rarely wins in court when the underlying dispute was ambiguous.
What your CAM needs to know
HOAStream pulls the F.S. 720.311 statute text plus the three-step procedure in under 500 milliseconds. That saves a CAM-team hour on the board packet that precedes every mediation offer. Nothing in this post or in the product is legal advice. For a specific dispute where mediation timing affects the attorneys' fees claim, a retained Florida HOA attorney is the right call.
If you want the full dispute-handling statute stack alongside your community's declaration, sign up at /cam or /board.