Legal Opinion
In re Kendall Lake Towers Condominium Ass'n, Inc.
United States Bankruptcy Court, S.D. Florida.
Decided October 23, 2017No. CASE NO. 16-12114-BKC-RAMPublished
1Opinion of the Court
MEMORANDUM OPINION AND ORDER ON CONDOMINIUM UNIT OWNER’S RIGHT TO ATTORNEY’S FEES
Robert A. Mark, Judge
Under Florida law and typical condominium declarations, unit owners have the right to recover attorney’s fees if they prevail in litigation against the condominium association. The issue addressed in this opinion is whether this right to attorney’s fees extends to litigation by an existing owner against the association over additional units the owner was attempting to purchase. For the reasons discussed below, the Court finds that it does not.
Factual and Procedural Background
CMG Fund, LLC…
2Cases cited6 opinions
- Hull v. BurrSupreme Court of Florida · 1909
- Saul v. BasseDistrict Court of Appeal of Florida · 1981
- Mainlands of Tamarac by the Gulf Unit No. Four Ass'n v. MorrisDistrict Court of Appeal of Florida · 1980
- Palm Beach Leisureville Community Association, Inc. v. RainesDistrict Court of Appeal of Florida · 1981
- Pacheco v. Lincoln Palace Condominium, Inc.District Court of Appeal of Florida · 1982
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