Florida Ct. Says Both HOA and Owners Were Prevailing Parties and Both Are Awarded Attorney Fees

Florida Appellate Court decision (November 18, 2015).

In this case, a homeowners association (“Association”) sued two owners of a condominium unit within the Association (“Owners”) for injunctive relief under Florida state laws. The action was brought because one of the two Owners did not meet the 55+ age requirement that was contained in Association’s governing documents. The Association prevailed in the trial court and obtained an order that directed the Owner that was not 55 years old to “vacate” the subject unit within 30 days following the date of the court’s order.

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