Association disputes are personal in a way other property disputes are not. The other side is a board made up of neighbors, the property is often your home or a rental you depend on, and the conflict can drag on for years. The issues vary: a fine for an unapproved fence or hurricane shutters, a denial of a lease or a sale, a special assessment for structural repairs, a water intrusion claim the board says is the owner's responsibility, an election that seemed rigged, or a board that will not explain where the reserve money went.
Florida treats homeowners' associations (chapter 720) and condominium associations (chapter 718) differently, and each chapter has its own records rules and presuit procedures. The first job is to figure out which applies and to build the record the statute expects.
1. Collect the governing documents
Get the recorded declaration, articles of incorporation, bylaws, rules and regulations, and every amendment. Use the versions recorded in the county records rather than copies from a neighbor. The dispute will usually be decided by a specific provision in these documents, so identify it early.
2. Make a written official records request
Do not rely on informal requests to the manager. Send a written request that identifies the records you want: minutes, budgets, financial statements, contracts, insurance policies, bids, violation files, architectural applications, and the correspondence about your issue. Send it in a way you can prove, and keep a copy. For a homeowners' association, send it by certified mail, return receipt requested, for the reasons explained below.
3. Keep every notice, letter and violation file
Save each violation notice, fine letter, hearing notice, approval or denial, and assessment notice, with the envelope or email showing when it arrived. Note whether you were offered a hearing before a fine or suspension, and who sat on the committee. Many disputes turn on whether the association followed its own procedures.
4. Document the physical condition
If the dispute is about maintenance, water intrusion or alterations, photograph and video the condition with dates, and keep repair invoices and reports from any engineer, roofer or plumber. Write down when you first reported the problem to the association and how it responded. Keep copies of every maintenance request.
5. Preserve meeting and election records
Attend meetings when you can and take notes. Keep agendas, notices and any posted materials. For an election dispute, keep your ballot materials, the notice of election and anything showing how votes were counted. If you plan to record a meeting, ask counsel first and review your association's rules on recording.
6. Keep communications civil and in writing
Communicate with the board and manager in writing and keep a calm tone. Do not post accusations on community social media. Your letters may be read by an arbitrator, a mediator or a judge.
The Florida rules that matter
HOA records (chapter 720). An association must keep its official records for "at least 7 years" unless its documents require longer (§ 720.303(4)). Records must be made available to a parcel owner "within 10 business days after receipt by the board or its designee of a written request" (§ 720.303(5)(a)). If the association fails to do so for a request "submitted by certified mail, return receipt requested," the failure "creates a rebuttable presumption that the association willfully failed to comply" (§ 720.303(5)(b)). A member denied access is entitled to actual damages or minimum damages of "$50 per calendar day up to 10 days," starting on the 11th business day after receipt (§ 720.303(5)(c)).
Condo records (chapter 718). Records must be made available "within 10 working days after receipt of a written request by the board or its designee," and failure creates the same rebuttable presumption of willful noncompliance (§ 718.111(12)). "Minimum damages are $50 per calendar day for up to 10 days," beginning on the 11th working day. Associations managing a condominium with 25 or more units must post certain documents on a website or app.
HOA presuit mediation. Covenant enforcement disputes, disputes about amendments, board and committee meetings, and "access to the official records of the association" must be the subject of a demand for presuit mediation before suit (§ 720.311(2)(a)). The demand goes "by certified mail, return receipt requested, with an additional copy being sent by regular first-class mail," and the other side has 20 days from mailing to respond. Election and recall disputes are handled by state arbitration or in court instead (§ 720.311(1)). Collection of assessments and fines is excluded.
Condo presuit arbitration or mediation. For condominium disputes covered by § 718.1255(1), including disputes over the board's authority to require an owner to act, alterations to common elements, meetings, elections and access to records, a party must, before litigation, "either petition the division for nonbinding arbitration or initiate presuit mediation" (§ 718.1255(4)). Disputes primarily involving title or "the levy of a fee or assessment, or the collection of an assessment" are excluded. A nonbinding arbitration decision becomes final if no complaint for trial de novo is filed "within 30 days" (§ 718.1255(4)(k)).
These presuit steps are mandatory for the disputes they cover. Filing suit without them can lead to delay and wasted cost.
“at least 7 years”
§ 720.303(4)
“within 10 working days after receipt of a written request by the board or its designee,”
§ 718.111(12)
“access to the official records of the association”
§ 720.311(2)(a)
“either petition the division for nonbinding arbitration or initiate presuit mediation”
§ 718.1255(1)
Your checklist
- Collect the recorded declaration, bylaws, articles, rules and amendments.
- Send a written official records request, by certified mail for an HOA.
- Calendar the 10-day response period and note when it expires.
- Save every violation notice, fine letter, hearing notice and envelope.
- Photograph and document physical conditions and keep repair reports.
- Keep meeting notices, agendas, notes and election materials.
- Identify whether mediation or arbitration is required before filing suit.
How we handle these cases
We start by identifying whether chapter 720 or chapter 718 governs and which presuit step applies. Then we use the records statutes to get the documents the board has been holding back, and we decide whether the dispute should be resolved in mediation, arbitration or court. As property owners ourselves, we understand what is at stake when a board's decision affects your home or your investment. We represent owners throughout Florida. Meetings are by appointment only. Call 305-748-3789 to schedule a time to talk.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.