Before You Sue Your HOA…Watch This (Florida Law Explained)

Many homeowners and HOA board members assume that when a dispute arises, the next step is simple… file a lawsuit.

But in Florida, that assumption can cost you thousands of dollars.

Under Florida Statute 720.311, most disputes in homeowners associations must go through alternative dispute resolution (ADR) before a lawsuit can even begin. That usually means pre-suit mediation, where both sides attempt to resolve the issue before stepping into a courtroom.

If that step is skipped, a case can be delayed, dismissed, or become dramatically more expensive than necessary.

In this episode of Condo Craze and HOAs, attorney Eric Glazer breaks down how the law actually works and explains:

• When HOA disputes require mediation first
• When disputes must go to arbitration instead
• When you can go straight to court
• Why the Florida Legislature created this system
• The costly mistake homeowners and boards make when they skip the required process

Understanding these rules can save homeowners and associations thousands of dollars in legal fees and prevent disputes from spiraling into unnecessary litigation.

If you live in an HOA or serve on a board, this is one of the most important legal procedures to understand before taking action.

00:00 Introduction & Show Opener
01:52 Legal Disclaimer & Overview of HOA Lawsuits in Florida
03:27 Show Introduction (Karen Curtis & Attorney Eric Glazer)
04:25 Why Florida Law Requires Mediation Before Court
05:25 Category 1: Board Elections & Recalls (Arbitration)
06:34 Category 2: General HOA Operational Disputes (Mandatory Pre-suit Mediation)
08:06 Confidentiality, Process, and Success Rates of Mediation
09:00 Legislative Background on Mandatory Mediation
10:14 Category 3: Money & Assessment Collection Disputes (Direct Court Litigation)
11:15 Statute of Limitations & Consequences of Skipping Mediation
13:00 How Mediation Sessions Work via Zoom
15:26 Call-in Segment & Sponsor Messages
18:43 Listener Stories & New Sponsor Announcement
21:03 Q&A: Mediation Rules in Condos vs. HOAs
22:08 Q&A: Mandatory Evidence Disclosure Rules
22:55 Q&A: Mediator Conflict of Interest Rules
23:59 Q&A: Settlement Agreements at Mediation
29:05 Caller 1: Unit Owners Refusing Key Access to the Board
34:26 Caller 2: Kaufman Language & Management Company Responsibilities
39:34 Caller 3: Maintenance Responsibility for Dryer Vents
41:34 Chat Question: Board President Threats & Unlawful Retaliation
45:02 Declaration of Condominium vs. Bylaws Explained
47:56 Caller 4: Public Access to Mediation Settlement Agreements
51:50 Caller 5: Audio Surveillance & Consent in HOA Offices
53:34 Caller 6: Serving on Both Sub-association and Master Boards
55:17 Caller 7: Lawsuits Regarding Common Area Encroachments
59:29 Caller 8: Co-op Screening & Cash Buyer Denials
01:04:52 Closing Remarks & Outro

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Learn how Florida condo and HOA laws impact your building, your finances, and your rights as an owner.

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S4E13 | Airing 4-26-26