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Originally published: August 2021 | Updated: June 2026
Florida Statute § 720.311 requires mandatory pre-suit mediation for most HOA disputes before either party may file for relief in circuit court. Kim W. Torres, Florida Bar member since 1985 and certified mediator with 3,000+ mediations since 2000, resolves HOA disputes across Brevard, Orange, Seminole, and Indian River counties without litigation.
Most sessions close in a single 2–4-hour session. Torres listens carefully to concerns, assists in considering ways to address the complaint, and allows the parties to genuinely consider realistic potential outcomes. Torres is known to be realistic and fair as the parties develop a resolution, while allowing them to make their own decisions.
HOA disputes in Brevard County, resolved through mediation, typically close in 2–6 weeks. Torres listens carefully to concerns and helps parties consider realistic potential outcomes. Call (321) 821-9995 or schedule a mediation session.
Florida Statute § 720.311(2)(a) requires most disputes between homeowners and homeowners’ associations to go through mandatory pre-suit mediation before either party may seek relief from a circuit court.
The requirement covers covenant enforcement disputes, common-area use conflicts, and challenges to governing-document amendments under Chapter 720, Florida Statutes.
The Florida Department of Business and Professional Regulation (DBPR) oversees HOA regulation under Chapter 720. A homeowner who receives a pre-suit mediation notice from their HOA is required to participate — declining to mediate can result in waiver of certain defenses in subsequent litigation.
Two categories are exempt from the § 720.311 mediation requirement: collection of unpaid assessments and disputes requiring emergency injunctive relief. Most neighborhood-level disputes fall outside those exemptions.
The provisions for requesting pre-suit mediation are set out in Florida Statute § 720.311. There is no separate state-issued form. The homeowner serves the HOA with a written demand for pre-suit mediation, identifying the dispute and citing § 720.311 as the statutory basis. The statute itself prescribes the required content of the demand and triggers the mandatory mediation requirement.
A pre-suit mediation notice is a formal written demand served by one party on the other before any court filing. Under § 720.311, Florida Statutes, the notice triggers the mandatory mediation requirement.
Both parties must participate in good faith with a certified mediator before a circuit court complaint may be filed for covered disputes.
Yes. If mediation produces a settlement, both parties sign a memorandum of agreement. That agreement can be filed with the court to become a binding court order.
Alternatively, the parties may keep it confidential — mediation proceedings are protected from disclosure under Florida Statute § 44.405. Either choice is enforceable once both parties sign.
The disputes most commonly brought to mediation under § 720.311 fall into two categories: claims that homeowners file against their HOA and claims that an HOA files against a homeowner.
The following are among the most common issues that bring homeowners and HOAs to mediation in Brevard, Orange, Seminole, and Indian River counties:
A mediation session begins with each party presenting their position. Torres then facilitates negotiation — moving between joint sessions and private caucuses (meetings separately with one side) as the situation requires.
The goal is an agreement that both parties reached. You own the resolution.
Torres has completed 3,000+ mediations since 2000 and served as Chair of the Florida Bar ADR Section in 2019–2020. Torres listens carefully to concerns, assists in considering ways to address the complaint, and allows the parties to genuinely consider realistic potential outcomes.
Torres is known to be realistic and fair as the parties develop a resolution, while allowing them to make their own decisions.
Mediation is not legal advice. Torres is a Florida Bar member, but in mediation serves as a neutral, not as your attorney. Homeowners are welcome to have legal counsel present; many HOA mediations proceed without attorneys on either side.
Most HOA mediations with Torres Mediation are resolved in a single 2–4-hour session. From initial scheduling to signed agreement, the typical timeline runs 2–6 weeks. A contested HOA lawsuit in Brevard County Circuit Court routinely takes 12–24 months to set a hearing date.
Yes. Torres Mediation conducts virtual HOA mediations via video conference, with a minimum 2-hour session. In-person mediations carry a 4-hour minimum and are available throughout Central Florida and the Treasure Coast. Other cities are available on request. Complex and multiparty HOA mediations are available anywhere in Florida.
Torres charges $300 per hour for HOA and non-represented party disputes. The cost is usually split between the parties unless other arrangements have been made.
| Format | Rate | Session Minimum |
| Virtual HOA mediation | $300/hr | 2 hours |
| In-person HOA mediation | $300/hr | 4 hours |
| Multiparty/complex HOA | Contact for a quote | Varies |
A virtual session split between two parties runs $300 per side at the 2-hour minimum.
Attorney fees in a contested HOA lawsuit in Brevard County typically range from $5,000 to $25,000 or more before the first hearing (general market guidance; figures reflect 2025–2026 Brevard County practitioner rates).
Mediation gives both parties control over the cost, the schedule, and the outcome, and they build together, so neither side bears the full financial exposure of litigation before the first court date.
A homeowner and their HOA board are neighbors. In most cases, the homeowner and the board will share the same streets, amenities, and community rules long after the dispute ends.
Litigation produces a winner and a loser, creates a public record, and removes the outcome from both parties’ hands. Mediation allows both sides to craft a resolution that the homeowner and the board agreed to — one that can address the underlying issue rather than just the legal claim.
Torres’s approach draws on nearly 25 years of certified mediation work, most of it with individuals and families navigating disputes that affect their daily lives. The Florida Bar recognized Torres as Mediator of the Year for Brevard County in 2007.
The Florida Association for Women Lawyers named Torres a Leader in Law in 2018. Those two recognitions reflect the professional credibility the process requires — a mediator both sides are willing to trust in the room.
For Brevard County residents managing related disputes, Torres Mediation also handles small business disputes, consumer debt disputes, and county court mediation.
Under Florida Statute § 720.311, participation in pre-suit mediation is mandatory for covered disputes. A party that refuses a properly served mediation demand risks waiving defenses available in subsequent litigation — the refusal itself carries legal consequences.
If mediation does not produce a signed agreement, both parties retain the right to pursue litigation or arbitration.
The mediation session remains confidential under Florida Statute § 44.405, and statements made during the session may not be introduced as evidence in any subsequent proceeding.
Even when no agreement is reached, mediation typically narrows the disputed issues and reduces the time and cost of any subsequent court proceeding.
Torres Mediation is available for HOA mediations throughout Florida, including Brevard, Orange, Seminole, and Indian River counties. Call (321) 821-9995 or visit the contact page to schedule a session.
Does Florida law require HOA mediation before going to court?
Florida Statute § 720.311 requires mandatory pre-suit mediation for most disputes between homeowners and HOAs involving covenant enforcement, common area use, or governing document amendments before either party may file for relief in circuit court.
What Florida HOA disputes are exempt from the mediation requirement?
Assessment collection actions and disputes requiring emergency injunctive relief are generally exempt from the § 720.311 pre-suit mediation requirement under Chapter 720, Florida Statutes. Most neighborhood-level disputes are covered.
How is a Florida HOA mediation agreement enforced?
A signed settlement agreement may be filed with the court to become a binding order, or the parties may keep it confidential. Florida Statute § 44.405 protects mediation proceedings from disclosure in any subsequent proceeding.
How much does HOA mediation cost in Melbourne, FL?
Torres Mediation charges $300 per hour for HOA disputes, with a 2-hour minimum for virtual sessions and a 4-hour minimum for in-person sessions. The cost is usually split between the parties unless other arrangements have been made.
Can an HOA force a homeowner to mediate in Florida?
Yes. Under § 720.311, Florida Statutes, both parties are required to participate in pre-suit mediation when a proper notice has been served. A homeowner who refuses may waive defenses available in any subsequent litigation.
Who pays for HOA mediation in Florida?
Mediation costs are usually split between the parties unless other arrangements have been made. Each party bears their own attorneys’ fees unless an agreement is made to alter this during mediation.
What happens if HOA mediation fails to reach a settlement?
Either party may proceed with litigation in circuit court or arbitration. The mediation itself remains confidential under Florida Statute § 44.405, and statements made during the session may not be used as evidence in subsequent proceedings.
How long does HOA mediation take in Brevard County?
Most HOA mediation sessions with Torres Mediation resolve in 2–4 hours. From initial scheduling to signed agreement, the typical timeline runs 2–6 weeks — compared to 12–24 months for contested litigation in Brevard County Circuit Court.
Does Torres Mediation handle multiparty HOA disputes?
Yes. Torres Mediation handles complex and multiparty HOA mediations anywhere in Florida. Call (321) 821-9995 directly for cases involving multiple homeowners, board factions, or parallel proceedings.
What is the difference between HOA mediation and HOA arbitration in Florida?
Mediation is a facilitated negotiation in which the mediator helps the parties reach their own agreement and has no authority to impose an outcome. Arbitration is adjudicative — the arbitrator issues a binding or non-binding decision. Florida Statute § 720.311 requires mediation as the mandatory pre-suit step for most covered HOA disputes.
Can a Torres Mediation HOA settlement be kept private?
Yes. Florida Statute § 44.405 protects HOA mediation proceedings as confidential. Parties may elect to keep the settlement agreement private rather than filing it with the court, provided both sides agree.
Is Torres Mediation available for HOA disputes outside Brevard County?
Yes. Torres Mediation is available throughout Florida, including Orange, Seminole, and Indian River counties. Virtual sessions are available statewide with a 2-hour minimum. In-person mediations carry a 4-hour minimum and are available throughout Central Florida and the Treasure Coast. Other cities are available on request.
Most HOA disputes that reach the pre-suit mediation stage resolve in a single session. Torres has been across the table from more than 3,000 of these since 2000 — including multiparty and complex matters that don’t fit a template. Call (321) 821-9995 or schedule a session.
Kim W. Torres, Esq. is a Florida Supreme Court Certified Mediator in Circuit Civil, Family, County Court, and Appellate matters and a member of The Florida Bar since 1985. Practicing exclusively as a mediator since 2000, she has resolved more than 2,000 cases — from complex multi-party disputes to high-emotion matters with self-represented parties. A past Chair of the Florida Bar’s ADR Section and Brevard County’s Circuit Civil Mediator of the Year, Kim mediates throughout Florida, in person and virtually.