HOA Mediation, Arbitration and Ombudsman Programs

When a dispute with an HOA board stalls, court is not the only place it can go. Some states require mediation before certain lawsuits, some offer arbitration, and a few run a state office, often called an ombudsman, that fields owner questions and complaints. The rules come primarily from state statute, alongside the community's CC&Rs and bylaws, state nonprofit corporation law and federal law such as the Fair Housing Act.

This guide explains the options with examples from Florida, Nevada, California, Virginia, Delaware and Colorado. Deadlines and prerequisites can decide whether a claim survives, so for your specific situation a licensed attorney in your state is the right resource. This is general information, not legal advice.

Mediation, arbitration, ombudsman or court: what's the difference?

Mediation brings in a neutral person to help the two sides negotiate; the mediator decides nothing. Florida's statutory mediation demand form puts it plainly: "the mediator has no authority to make any decisions in this matter or to determine who is right or wrong" (Fla. Stat. § 720.311(2)(a)).

Arbitration is closer to a private trial: a neutral arbitrator hears both sides and issues a decision. California's HOA law says the form of alternative dispute resolution chosen "may be binding or nonbinding, with the voluntary consent of the parties" (Cal. Civ. Code § 5925(a)). In Nevada's statutory process, "Unless the parties agree in writing to binding arbitration, the arbitration is nonbinding" (NRS 38.330(2)).

An ombudsman or state HOA office is a government office. Depending on the state, it may answer questions, publish guides, take complaints, offer mediation or refer violations elsewhere. It is not a court and is not anyone's lawyer.

Court is where a judge can issue binding orders and award damages. Some of the processes below have to be attempted before certain cases can get there; Can I sue my HOA? covers the litigation side.

Do I have to go to mediation before suing my HOA?

In some states, for some disputes, and the rules differ widely.

Florida: presuit mediation for many covenant disputes

Under Florida's HOA statute, disputes "regarding use of or changes to the parcel or the common areas and other covenant enforcement disputes, disputes regarding amendments to the association documents, disputes regarding meetings of the board and committees appointed by the board, membership meetings not including election meetings, and access to the official records of the association shall be the subject of a demand for presuit mediation served by an aggrieved party before the dispute is filed in court" (Fla. Stat. § 720.311(2)(a)).

Money disputes are carved out: presuit mediation does not include "the collection of any assessment, fine, or other financial obligation, including attorney's fees and costs, claimed to be due." Where emergency relief is required, "a motion for temporary injunctive relief may be filed with the court without first complying with the presuit mediation requirements" (§ 720.311(2)(a)). Election and recall disputes "are not eligible for presuit mediation; these disputes must be arbitrated by the department or filed in a court of competent jurisdiction" (§ 720.311(1)).

Two features carry real consequences. "The parties shall share the costs of presuit mediation equally, including the fee charged by the mediator, if any, unless the parties agree otherwise," and "persons who fail or refuse to participate in the entire mediation process may not recover attorney's fees and costs in subsequent litigation relating to the dispute" (§ 720.311(2)(b)).

Nevada: a state-run claim before a civil action

Under NRS 38.310(1), no civil action about "the interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association," or about the procedures for imposing assessments, may be filed "unless the action has been submitted to mediation or, if the parties agree, has been referred to a program." In planned communities, the association's own administrative procedures must also be exhausted, and "A court shall dismiss any civil action which is commenced in violation" of the rule (NRS 38.310(2)). The definition of "civil action" for this process "does not include an action in equity for injunctive relief in which there is an immediate threat of irreparable harm, or an action relating to the title to residential property" (NRS 38.300(3)).

The claim is filed with the Real Estate Division with "a filing fee of $50" (NRS 38.320(2)). Unless the parties agree otherwise, "mediation must be completed within 60 days after the filing of the written claim," at a cost that "must not exceed $500 for 3 hours of mediation" (NRS 38.330(1)).

California: internal dispute resolution, then ADR

California's Davis-Stirling Act has two layers. First, "An association shall provide a fair, reasonable, and expeditious procedure for resolving a dispute" with a member (Cal. Civ. Code § 5905(a)). "If the procedure is invoked by a member, the association shall participate in the procedure," and "A member of the association shall not be charged a fee to participate in the process" (§ 5910(c), (g)). Associations without their own procedure fall back on a statutory meet-and-confer process (§ 5915).

Second, "An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution" (§ 5930(a)). This covers actions for declaratory, injunctive or writ relief, alone or with limited damages. It "does not apply to a small claims action," and, "Except as otherwise provided by law," it "does not apply to an assessment dispute" (§ 5930(b)–(d)).

What does an HOA ombudsman do?

Only some states have a dedicated office.

Virginia. The Office of the Common Interest Community Ombudsman must "Assist members in understanding rights and the processes available to them" and provide "referrals to public and private agencies offering alternative dispute resolution services" (Va. Code § 54.1-2354.3(B)). Every association must have written complaint procedures (§ 54.1-2354.4(A)), and the Ombudsman step comes after them: a notice of a final adverse decision "shall be filed within 30 days of the final adverse decision" and "shall be accompanied by a $25 filing fee," which the Board may waive for undue financial hardship (§ 54.1-2354.4(B)). See Which Virginia laws govern your HOA? and Challenging an HOA fine in Virginia.

Nevada. The Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels, within the Real Estate Division, must "Assist in processing claims submitted to mediation or arbitration or referred to a program" under NRS 38.300 to 38.360 and, "When appropriate, investigate disputes" and "assist in resolving such disputes" (NRS 116.625(4)). See Which Nevada laws govern your HOA?.

Delaware. The Common Interest Community Ombudsperson, in the Department of Justice, can "provide meetings, mediation, or other forms of alternative dispute resolution" and "refer meritorious violations of existing Delaware law to the Attorney General or other appropriate law-enforcement agency for prosecution" (29 Del. C. § 2544(7), (11)). Complainants "must complete the process established by the Ombudsperson and adopted by the executive board" first (§ 2544(9)). The Delaware HOA Ombudsperson guide covers it in detail.

Colorado. The HOA Information and Resource Center is an information office. Its officer "shall act as a clearing house for information concerning the basic rights and duties of unit owners, declarants, and unit owners' associations" under the Colorado Common Interest Ownership Act (C.R.S. § 12-10-801(3)(a)). In 2025 the legislature continued the center and moved its scheduled repeal to September 1, 2030 (Senate Bill 25-184).

What an ombudsman generally can't do

Ombudsman offices help owners understand the rules, but their powers are limited:

• They are not your lawyer. "The Ombudsperson is not the attorney for" owners or associations (29 Del. C. § 2544(2)).
• Their findings are often informational. If Virginia's Director finds a decision "may be in conflict" with the law, the Director gives the owner and the board "information concerning such laws or regulations"; a repeat violation within 365 days goes to the Board (Va. Code § 54.1-2354.4(C)), which, after notice and hearing, may order an association's governing board "to cease and desist from the unlawful practice" (Va. Code § 54.1-2352(A)).
• They usually can't award damages. None of the ombudsman provisions quoted here lists a power to award money to an owner. That generally remains a court's role.

Finding your state's office

Many states have no HOA ombudsman at all. The HOA complaints and help by state page lists each state's HOA or condo office, ombudsman, attorney general consumer protection contact and legal aid options. The HOA disputes and help topic hub collects related guides, Who regulates HOAs? explains why oversight is thin in many states, and Finding an HOA lawyer covers where owners generally look for counsel.

Frequently asked questions

Is HOA mediation required before suing?

In some states, for some disputes. Florida requires a presuit mediation demand for many covenant, records and meeting disputes but not for collection of assessments and fines (Fla. Stat. § 720.311(2)(a)). Nevada requires mediation or a Division program for covenant and assessment-procedure claims (NRS 38.310), and California requires an attempt at alternative dispute resolution before certain enforcement actions (Cal. Civ. Code § 5930). Many states have no such rule, though CC&Rs may add one.

What is the difference between HOA mediation and arbitration?

A mediator helps the two sides negotiate and cannot decide the dispute. An arbitrator hears both sides and issues a decision that may be binding or nonbinding, depending on the statute and the parties' agreement. Nevada's statutory arbitration, for example, is nonbinding unless the parties agree in writing otherwise (NRS 38.330(2)).

Can an HOA ombudsman make my HOA do something?

Usually not directly. The offices covered here mostly inform, assist, investigate, mediate and refer. Virginia's Director can tell both sides a decision may conflict with the law, with repeat violations referred to the Board, which after notice and hearing may issue a cease-and-desist order (Va. Code §§ 54.1-2354.4(C), 54.1-2352(A)), and Delaware's Ombudsperson can refer meritorious violations to the Attorney General (29 Del. C. § 2544(11)). Otherwise, binding orders and damages generally come from a court.

Does my state have an HOA ombudsman?

Some do, and many don't. Of the states covered here, Virginia, Nevada and Delaware have one by statute, and Colorado has an information center. The HOA complaints and help by state page lists what each state offers, including states with no HOA office.

Sources

• Fla. Stat. § 720.311 — Dispute resolution
• NRS 38.300 — Definitions
• NRS 38.310 — Limitations on commencement of certain civil actions
• NRS 38.320 — Submission of claim; fees
• NRS 38.330 — Procedure for mediation or arbitration of claim
• NRS 116.625 — Office of the Ombudsman
• Cal. Civ. Code § 5905 — Internal dispute resolution procedure
• Cal. Civ. Code § 5910 — Minimum requirements for the procedure
• Cal. Civ. Code § 5915 — Default meet-and-confer procedure
• Cal. Civ. Code § 5925 — Definitions (alternative dispute resolution)
• Cal. Civ. Code § 5930 — ADR before an enforcement action
• Va. Code § 54.1-2354.3 — Common Interest Community Ombudsman; powers and duties
• Va. Code § 54.1-2354.4 — Association complaint procedures; final adverse decisions
• Va. Code § 54.1-2352 — Cease and desist orders
• 29 Del. C. ch. 25, subch. IV — Common Interest Community Ombudsperson Act (§ 2544)
• C.R.S. Title 12 (2024), § 12-10-801 — HOA information and resource center
• Colorado Session Laws 2025, ch. 242 (Senate Bill 25-184) — continuation of the HOA Information and Resource Center