Big Changes to Florida’s Civil Procedure Rules: What HOA Managers Need to Know

If your HOA or community association is involved in litigation—like collections or enforcement—important changes to Florida’s Rules of Civil Procedure are coming. Starting January 1, 2025, these updates will affect how lawsuits are filed and handled in state courts. Here’s what you need to know:

Key Changes

1. Delays in Setting Hearings
   • It will take longer to schedule hearings for final judgments. Courts now follow stricter timelines, slowing things down but creating more uniform rules statewide.
2. Detailed Initial Filings
   • Lawsuits will require more detailed filings from the start. For HOAs, this means gathering records like meeting minutes and financial documents early on. This may raise upfront costs but avoids dismissal later.
3. Proportional Discovery
   • Discovery will be limited to what fits the case’s importance and complexity. This reduces unnecessary disputes but requires better preparation upfront.
4. Case Management Orders (CMOs)
   • Courts will issue CMOs within 120 days, setting strict deadlines for motions, discovery, and trial prep. Missing these deadlines can result in penalties.
5. Pre-Motion Conferences
   • Before filing certain motions, parties must try to resolve disputes and certify their efforts. Skipping this step could lead to dismissal or sanctions.

How to Prepare

1. Work Closely with Your Attorney: Ensure your legal team is ready for these rule changes.
2. Gather Records Early: Organize essential HOA documents like meeting minutes and financial statements at the start.
3. Budget for Legal Costs: Plan for possible increases in legal fees at the beginning of a case.
4. Meet Deadlines: Missing a deadline could lead to dismissal or other problems. Stay on top of timelines with your attorney.

Need Help?

Our team at DHN Attorneys is here to help. As experienced real estate attorneys in Orlando, we specialize in HOA and property law. Contact us today to prepare for these changes. Whether you need a trusted Florida real estate attorney, property lawyer, or HOA lawyer, we’re here to support you.