TED K. BROWN: FLORIDA REAL ESTATE ATTORNEY REPRESENTING HOME OWNERS IN JACKSONVILLE, FLORIDA
Real Estate Law for:
When homeowners make changes to their property without the authorization of the proper review committees or run astray of the use restrictions as interpreted by the homeowners association board, that association can try to enforce its authority in court, but must request that the homeowner attempt to mediate the dispute first.
Effective July 1, 2007 the Florida legislature passed Florida statute 720.311. This statute changes the requirements of the mediation process which must take place before the association board can proceed with filing legal action to enforce the declaration’s use restrictions. Our law firm is experienced in this kind of mediation and we are able to help you resolve your conflict.
Mediation has been a requirement since 2004, but changes in the statute eliminated further involvement in the process by the Florida Department of Land Sales and the HOA or the homeowner can go directly to mediation. Costs of the mediation must be split between the homeowner and the association board. If mediation is unsuccessful then the HLA or the homeowner can file a lawsuit, but mediation is required first.