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 homeowners’ association election dispute petition must be filed within 60 days after the election results are announced. Before you can file a petition to commence a challenge of a homeowners’ association election or a petition challenging the board’s failure to certify a recall you must have provided the Association:
- 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 petition or other legal action in the absence of a resolution of the dispute.
Failure to comply with the pre-arbitration notice requirements will result in the dismissal of your petition. Please note, Arbitration through the Division’s Arbitration Program or filing in a court of competent jurisdiction is required for all homeowners’ association recall and election disputes.
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.
Directors elected or appointed after July 1, 2013, to the board of a homeowners’ association, which meets the definition of section 720.301(9), Florida Statutes, are required to either certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members; or the director may submit to the association an educational certificate from a Division of Florida Condominiums, Timeshares, and Mobile Homes’ approved education provider attesting that the director has completed the educational curriculum. You may access a list of approved education providers at the Homeowners’ Associations link on the Division’s web page.
All requests for publications, documents, forms, applications for licenses, permits and other similar certifications can be obtained by contacting the Customer Contact Center.
CJ Aulet, Director
Division of Florida Condominiums,
Timeshares,and Mobile Homes
2601 Blair Stone Road
Tallahassee, FL 32399-0791