When a demand letter, statutory mediation demand, arbitration petition, or lawsuit arrives, the manager should not answer it. In the first 48 hours, date-stamp it, send it to the board and association counsel, notify the association's insurers, and preserve every related record. Deadlines can be short: an HOA has 20 days from mailing to respond to a § 720.311, Fla. Stat., presuit mediation demand, and condo and co-op disputes often run through § 718.1255.
The manager's checklist
- Record how and when it arrived. Note the date, the delivery method (certified mail, process server, email), and who received it. Keep the envelope. For an HOA presuit mediation demand, the 20-day response period runs "from the date of the mailing of the statutory demand" (§ 720.311(2)(b)), not from the day it reached the office.
- Identify what kind of document it is, and say so in your email to counsel:
- a lawsuit (summons and complaint);
- an HOA "Statutory Offer to Participate in Presuit Mediation" under § 720.311(2);
- a condo or co-op pre-arbitration demand or Division arbitration petition under § 718.1255(4) (co-ops follow § 718.1255 through § 719.1255);
- an ordinary attorney demand letter, owner complaint, or records request.
- Send it the same day to the board president and association counsel. Include the full document, every attachment, and the envelope or proof of delivery. Do not summarize instead of forwarding.
- Notify the insurers. Send the document to the association's insurance agent and ask that notice go to every potentially applicable carrier, typically directors and officers (D&O) and general liability. Late notice can jeopardize coverage, and some policies require the carrier's consent before counsel is retained. Keep proof of the notice.
- Issue a litigation hold. Stop any routine deletion or shredding of records related to the dispute: emails (including directors' personal accounts used for association business), texts, violation files, architectural applications, work orders, camera footage, minutes, and portal logs. See the record preservation checklist.
- Don't respond on the merits. Don't call the owner's lawyer, admit or deny anything, or send "our side." A short acknowledgment that the matter has been referred to counsel is the most a manager should send, and only if counsel agrees.
- Help the board meet with counsel privately. Board meetings with the association's attorney about proposed or pending litigation, held to seek or render legal advice, need not be open to owners: § 718.112(2)(c)5.a. (condos), § 720.303(2)(b) (HOAs), § 719.106(1)(c) (co-ops). Ask counsel how to notice it, and keep the board's decision-making on the record at an open meeting.
- Separate privileged material. Counsel's advice and work product prepared for the litigation are exempt from owner inspection until the litigation ends: § 718.111(12)(c)5.a., § 720.303(5)(g)1., § 719.104(2)(c)1. Label and file them separately so they aren't produced by mistake in response to a records request.
- Calendar every deadline counsel gives you and confirm receipt in writing.
How it differs: condo, HOA, co-op
| Issue | Condominium (ch. 718) | HOA (ch. 720) | Cooperative (ch. 719) |
|---|---|---|---|
| Pre-suit step for covered disputes | Division nonbinding arbitration or presuit mediation (§ 718.1255(4)(a)); election and recall disputes handled separately | Presuit mediation for covenant enforcement, amendments, meetings, and records disputes (§ 720.311(2)(a)); election and recall disputes go to Department arbitration (§ 720.311(1)) | Same as condo: § 719.1255 applies § 718.1255 |
| Common exclusions | Title, warranties, assessment levy or collection, eviction, director fiduciary-duty claims, damages for failure to maintain common elements (§ 718.1255(1)) | Collection of assessments, fines, or other financial obligations (§ 720.311(2)(a)) | Follows § 718.1255 |
| Demand formality | Petition must allege a prior written demand and notice of intent to pursue arbitration or suit (§ 718.1255(4)(b)) | Statutory form, sent certified mail, return receipt requested, plus first-class mail (§ 720.311(2)(b)) | Follows § 718.1255 |
| Closed meeting with attorney | § 718.112(2)(c)5.a. | § 720.303(2)(b) | § 719.106(1)(c) |
Manager or lawyer?
Usually manager work (ministerial)
- Date-stamping, forwarding, and filing the document.
- Sending the board-approved insurance notice through the agent.
- Circulating counsel's litigation hold and collecting records.
- Scheduling the board's meeting with counsel.
Call association counsel when…
- Anything arrives that names the association, a director, or the manager.
- A statutory deadline may be running (mediation, arbitration, a summons).
- An owner or opposing lawyer contacts you directly about the dispute.
- A records request seems aimed at the dispute.
Deciding how to respond to a legal claim, or interpreting the statute to reach a legal conclusion, is the practice of law (The Florida Bar re Advisory Opinion – Activities of Community Association Managers, No. SC13-889 (Fla. May 14, 2015)).
Common mistakes
- Letting the letter sit until the next board meeting while a 20-day clock runs.
- Telling the insurer weeks later, or assuming the agent already knows.
- Replying "on behalf of the board" to explain or defend the association's position.
- Deleting emails or texts during routine cleanup after a claim arrives.
- Discussing litigation strategy at an open meeting or on the owner portal.
- Producing counsel's emails in response to an owner records request.
Frequently asked questions
Do we have to agree to mediate an HOA presuit mediation demand?
That is a decision for the board with counsel. The statutory form gives the responding party 20 days from mailing to respond, and the mediation must be held within 90 days unless extended by written agreement. Under § 720.311(2)(b), a party that fails or refuses to participate in the entire mediation process may not recover attorney's fees and costs in later litigation over the dispute.
Who pays for presuit mediation?
Under § 720.311(2)(b), the parties share the costs equally, including the mediator's fee. Counsel can tell the board how that affects the decision to mediate.
Can a condo owner sue the association without arbitration?
For disputes covered by § 718.1255, a party must first petition the Division for nonbinding arbitration or start presuit mediation (§ 718.1255(4)(a)). Many claims are excluded, including assessment collection and fiduciary-duty claims, so counsel should classify the dispute.
Can the board discuss the lawsuit in a closed session?
Yes, if the meeting is with the association's attorney, concerns proposed or pending litigation, and is held to seek or render legal advice. See § 718.112(2)(c)5.a., § 720.303(2)(b), and § 719.106(1)(c). Votes and other board business still belong at a properly noticed open meeting.
Can owners see the association's litigation file?
Not the privileged parts. Attorney-client communications and work product prepared for the litigation are exempt from inspection until the litigation concludes (§ 718.111(12)(c)5.a.; § 720.303(5)(g)1.; § 719.104(2)(c)1.). Other official records stay available as usual.
Related resources
- Manager or lawyer? Where the line falls
- Calling an emergency board meeting
- An owner asked for association records
- Record preservation checklist
- Board meetings compared: condo, HOA, co-op
- Board resources
Talk to association counsel
The first two days after a claim arrives often decide whether deadlines, coverage, and records are protected. If your association has received a demand letter or lawsuit, call Hamilton Mikes, P.A. at 239-594-7227 or reach us through /contact/.
Statutes and authorities referenced
- § 720.311(1)–(2), Fla. Stat. (HOA pre-suit mediation)
- § 718.1255(1), (4)(a)–(b), (5), Fla. Stat. (condo arbitration and mediation)
- § 719.1255, Fla. Stat. (co-op ADR follows § 718.1255)
- § 718.112(2)(c)5.a., Fla. Stat. (condo board meetings with attorney)
- § 720.303(2)(a)–(b), Fla. Stat. (HOA board meetings with attorney)
- § 719.106(1)(c), Fla. Stat. (co-op board meetings with attorney)
- § 718.111(12)(c)5.a., Fla. Stat. (condo privileged records)
- § 720.303(5)(g)1., Fla. Stat. (HOA privileged records)
- § 719.104(2)(c)1., Fla. Stat. (co-op privileged records)