Division of Florida Condominiums, Timeshares, and Mobile Homes

Frequently Asked Questions - Homeowners' Associations

Arbitration is a proceeding where a neutral third person, called an arbitrator, considers the facts and arguments presented by the parties and renders a decision. The following information is intended to address basic questions or concerns you may have about the laws governing Homeowners’ Associations, Chapter 720, Florida Statutes. In no way should the following information be relied upon as or substituted for legal advice.

Is mediation for any homeowners’ disputes still available through the Division?

No. The Legislature recently amended Section 720.311, Florida Statutes, which effectively ended the Division’s mandatory HOA mediation program and replaced it with a private mediation program.  The new law, which took effect on July 1, 2007, now provides that parties to homeowners 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/gen_public/adr/index.shtml.

When is arbitration required?

Arbitration through the Division program is required for all recall and
elections disputes, prior to filing a lawsuit.

What does it cost?

• There is a $200 filing fee.
• If you lose you may have to pay all attorneys fees and administrative costs.
• Typically costs range from $2,000 to $10,000

Do I need an attorney in order to file for arbitration?

• You can be represented by an attorney.
• You can represent yourself.
• You can be represented by a qualified representative.

What if my issue, dispute, or complaint does not fall under any of the
above?

If your issue, dispute, or complaint does not deal with any of the above listed disputes authorized to be resolved through the Division’s arbitration program, then the Division does not have legal jurisdiction to hear your dispute.

What if I want to file a complaint against my homeowners’ association?

The Division’s only legal authority to assist homeowners and homeowners’ associations with their disputes rests solely within the arbitration program created by Chapter 720, Florida Statutes, as discussed above. If your complaint cannot be addressed through arbitration, the Division will make every effort to direct you to the proper agency.

What is the difference between mediation and an arbitration proceeding?

Mediation and arbitration both provide for alternative means of resolving a dispute without going to court, but they are different. Mediation is a nonadversarial proceeding and arbitration is considered adversarial. In a successful mediation, there are no winners or losers, the parties collectively come to a settlement agreement that is facilitated by a neutral third-party called a mediator. The terms of the settlement agreement are reduced to writing, signed by the parties and the mediator, and the final settlement agreement is considered a binding legal contract. In arbitration there is a petitioner and a respondent in each case, both presenting their cases before a neutral third-party called an arbitrator. An arbitrator is the fact finder or judge in an arbitration proceeding. Arbitration is conducted very similar to a trial, including the giving of opening and closing statements, the presenting of evidence, and sworn witness testimony. Unlike mediation, it is the arbitrator, rather than the parties, who makes the final decision in an arbitration proceeding, which is then reduced to writing in a Final Order and forwarded to both parties.

Do I need an attorney in order to arbitrate my dispute with the Division?

It is always strongly recommended that a person seek legal counsel whenever an issue of law could affect an individual’s rights, or when a person is considering taking legal action against another. However, parties to arbitration can choose to represent themselves or have a qualified representative present their case rather than an attorney. There are cases where arbitration parties represent themselves and are successful in their proceedings. It is important to remember that if you appear on behalf of another party, you must be either a Florida licensed attorney in good standing or have been designated as their qualified representative and have completed and submitted the qualified representative form to the Division.

Where do I find the arbitration forms I need?

All forms are online at www.MyFlorida.com/dbpr/lsc/hoa/forms_index.shtml.

How much does it cost to file for arbitration?

The filing fee is $200 per petition and must accompany your petition.

How do I file for arbitration?

In this instance you are called a petitioner. Select the appropriate form (depending upon the disputed issue) and file it with the Division, either by mail or by facsimile. To mail your petition, please send the completed and signed petition, along with the $200 filing fee to:
Department of Business and Professional Regulation
Division of Florida Condominiums, Timeshares, and Mobile Homes
1940 N. Monroe Street
Tallahassee, FL 32399
Or, you may fax your petition to 850.921.5446. Remember, if you choose to fax your petition, you must forward the $200 filing fee before your petition will be processed.