The 2023 Florida Statutes (including Special Session C)
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. . . Section 718.303(1), Florida Statutes, provides a cause of action for damages or equitable relief that . . . Iezzi argues that to limit section 718.303(1) actions by requiring that they comply with the pre-suit . . . Section 718.303(1) permits condominium unit owners and associations to take action against each other . . . This is a derivative action, and because sections 718.303(1) and 617.07401 do not conflict, the court . . . We note that although both sections 718.111 and 718.303 have been repeatedly amended since 1976, there . . .
. . . Section 718.303(1), Florida Statutes (2008), authorizes the extraordinary civil remedy of a mandatory . . . (b) A unit owner. § 718.303(1) (emphasis added). . . .
. . . Section 718.303(1), Florida Statutes (2017), implements checks and balances on the power of associations . . . expenses of the litigation;" and there is also the issue of attorney's fees to the "prevailing party." § 718.303 . . .
. . . This argument also supports the Plaintiffs’ standing under Florida Statutes section 718.303(1) (2016) . . .
. . . . § 718.303(1). . . . Stat. § 718.303(1) nor the Declaration of Condominium entitle CMG to an award of attorney’s fees if it . . . Stat. § 718.303(1) overwhelmingly favor a very narrow interpretation. . . . Stat. § 718.303(1) is inapplicable "to Management since it is neither a unit owner nor an association . . . Stat, § 718.303(2) (authorizing an escrow agent to rely upon ”[a]ny instruction given in writing by a . . .
. . . The complaint alleged, inter alia, that Fox violated section 718.303, Florida Statutes (2015), by failing . . .
. . . 718.1255(1), Florida Statutes (2014) (fees for litigating after alternative dispute resolution); section 718.303 . . . Section 718.303 The second statute relied upon by the Association, section 718.303, provides that the . . . A fee award in favor of the Association under section 718.303 on this basis also was unwarranted based . . .
. . . The basis for attorney’s fees against the Association was alleged to be section 718.303, Florida Statutes . . . Section 718.303, Florida Statutes (2010), provides for an award of legal fees to the prevailing party . . .
. . . , as well as a declaration of the parties’ rights under the statute and damages pursuant to section 718.303 . . .
. . . A late fee is not subject to.chapter 687 or s. 718.303(4). ' . . . .
. . . Association, Inc. sued unit owners Virginia and Holly Hokenstrom for injunctive relief pursuant to section 718.303 . . . Also, the Association sought attorney's fees under Article 20 of the Declaration and section 718.303. . . . Discussion Both section 718.303 and Article 20 of the Declaration permit the award of attorney’s fees . . . Section 718.303(1) states that the “prevailing party” in an action “for injunctive relief’ is “entitled . . . We therefore read section 718.303’s reference to an action “for injunctive relief’ as'necessarily including . . .
. . . mandatory injunctive relief — and all that it will entail — is warranted here only bécause section 718.303 . . . Furthermore, section 718.303(1) expressly provides condominium owners such as the Amelios with an avenue . . . Fla. 2d DCA 2006) (“A violation of the requirements of chapter 718 is itself a harm for which section 718.303 . . . . § 718.303(1), Fla. Stat. (2011); see Abbey Park Homeowners Ass’n v. . . . Under section 718.303(1), the requirement of irreparable harm is satisfied when a violation of chapter . . . See § 718.303(1); Legakis, 40 So.3d at 903 (noting that a mandatory injunction is appropriate to require . . .
. . . Here, Pa-dow cannot be a “prevailing party” within the meaning of section 718.303(1) because he paid . . .
. . . Section 718.303(l)(b),(e), Florida Statutes (2013), reads in relevant part, as follows: “Actions for . . . after the lawsuit was filed, they are no longer a “tenant leasing a unit” as contemplated in Section 718.303 . . .
. . . . § 718.303. . . .
. . . Florida Statutes; and (Count III) judgment for damages, costs, and attorney’s fees pursuant to section 718.303 . . .
. . . arguments and reverse because the Bank was entitled to prevailing party attorney’s fees under section 718.303 . . . of the statutory cap to the Association’s liens and an award of attorney’s fees pursuant to section 718.303 . . . In enacting section 718.303(1), the Legislature clearly intended the prevailing party in disputes between . . .
. . . Here, Padow cannot be a “prevailing party” within the meaning of section 718.303(1) because he paid the . . . that to declare [the owner] the prevailing party in this case would be contrary to a goal of [section 718.303 . . .
. . . the association, the association bylaws and the provisions in these documents, pursuant to section 718.303 . . .
. . . OneWest also relies on sections 718.115 and 718.303 of the Condominium Act. . . . Stat. § 718.303(1) (2010). . . . Section 718.303(1) further provides that an action for failure to comply with the Condominium Act or . . . Similarly, assuming that sections 718.115 and 718.303 limit a mortgagee’s liability for assessments, . . . Stat. § 718.303(1). . . .
. . . However, count two sought an injunction based on the defendants’ violation of section 718.303, Florida . . . a violation of the statute “an alleged violation of chapter 718 is itself a harm for which section 718.303 . . .
. . . .” § 718.303(2), Fla. Stat. (2005). . . .
. . . relief against an association, an alleged violation of chapter 718 is itself a harm for which section 718.303 . . . Section 718.303(1), Florida Statutes (2009), “permits a unit owner to seek injunctive relief for failure . . .
. . . circuit court’s ruling that it was not entitled to an award of attorney’s fees pursuant to sections 718.303 . . .
. . . entry of judgment awarding attorney’s fees and costs as the prevailing party pursuant to both section 718.303 . . . That section provides, in relevant part: 718.303. . . .
. . . Section 718.303(1), Florida Statutes, permits a unit owner to seek injunctive relief for failure of a . . . relief against an association, an alleged violation of chapter 718 is itself a harm for which section 718.303 . . .
. . . section 718.302 would be “tantamount to a waiver of those rights,” something prohibited by section 718.303 . . .
. . . She also sought damages pursuant to section 718.303, Florida Statutes, due to her being forced to defend . . . The court awarded Santa Maria prevailing party attorney’s fees and costs pursuant to section 718.303, . . . was required to comply with the provisions of the declaration pursuant to its own terms and section 718.303 . . .
. . . seeking injunctive relief to enforce the provisions of the declaration of condominium pursuant to section 718.303 . . .
. . . . § 718.303(1). . . . Stat. § 718.303(1) does not preclude MIC from suing to enforce its right under Fla. . . .
. . . So.2d 135 (Fla. 4th DCA 1995) (applying prevailing party provision in condominium statute, section 718.303 . . . held that the association was the prevailing party in the first action within the meaning of section 718.303 . . .
. . . Section 718.303 provides, among other things, that a unit owner may bring an action for injunctive relief . . . Among the actions that may be brought under this provision are actions against an association. § 718.303 . . . A violation of the requirements of chapter 718 is itself a harm for which section 718.303 authorizes . . .
. . . Section 718.303(1), Florida Statutes (2005), imposes upon each unit owner the obligation to comply with . . .
. . . , and that the trial court breached its discretion in failing to make an award pursuant to sections 718.303 . . . contractual provisions as required in s. 788.503(l)(a) is entitled to recover reasonable attorney’s fees. § 718.303 . . .
. . . . § 718.303, Fla. Stat. (2004). . . .
. . . final order denying its motion for attorneys’ fees and costs as the prevailing party under section 718.303 . . . section and it is thus inapplicable to the issue of whether Landmark timely moved for fees under section 718.303 . . .
. . . In this motion, Valley Oak requested attorney’s fees, citing section 718.303, Florida Statutes (2003) . . .
. . . arbitration provision in a condominium purchase and sale agreement is prohibited by sections 718.111(3), 718.303 . . . petition for declaratory statement seeking the opinion of the Division as to whether §§ 718.111(3), 718.303 . . . Generally, sections 718.111(3), 718.303 and 718.506 grant a condominium purchaser causes of action for . . . Further, sections 718.303(1) and 718.506(2) provide that the prevailing party in such actions is entitled . . . the scope of agency rulemaking authority, see sections 120.52(8) and 120.536(1), sections 718.111(3), 718.303 . . . addressed only the developer’s petition asking for an interpretation ■ of whether sections 718.111(3), 718.303 . . . binding arbitration provisions because these provisions are inconsistent with sections 718.111(3), 718.303 . . . Section 718.303, pertaining to obligations of owners, authorizes a unit owner who prevails in any action . . .
. . . Section 718.303(1) creates the difference. . . . See 718.303(1), Fla. Stat. (Supp.1976); Fla. Laws § .1, ch 76-222. . . . Clearly section 718.303(1) was not involved, nor was it mentioned. . . . (l)(d), and the higher fiduciary language implied in section 718.303(l)(c). . . . Section 718.303(1) is in conflict with section 617.0834(1) and 607.0831(1). . . . asserts that because Asnani, as developer, designated both himself and Lovell as directors under section 718.303 . . . c), they are held to a stricter standard for any wrongful acts than elected directors under section 718.303 . . . Section 718.303(1), Florida Statutes (2002), provides in part: (1) Each unit owner, each tenant and other . . . (l)(c) and seetion 718.303(l)(d) between directors who are “designated by the developer” and “any director . . . Florida cases discussed below focus on section 718.303(l)(d) and allow us to conclude that Florida courts . . .
. . . 85, 86 (Fla. 1st DCA 1990) (in determining a claim for attorneys’ fees pursuant to Florida Statute § 718.303 . . .
. . . The ASSOCIATION is entitled to injunctive relief pursuant to Section 718.303(1), Florida Statutes. . . .
. . . and certified a question as being of great public importance concerning the application of section 718.303 . . . OWNER FOR UNPAID ASSESSMENTS, IS THE UNIT OWNER THE “PREVAILING PARTY” WITHIN THE MEANING OF SECTION 718.303 . . . thoughtful order to the issue of whether Padow was the “prevailing party” within the meaning of section 718.303 . . . The test for determining the “prevailing party” under section 718.303(1) is “whether the party ‘succeeded . . . Here, Padow cannot be a “prevailing party” within the meaning of section 718.303(1) because he paid the . . .
. . . See § 718.303, Fla. Stat. (1997). . . .
. . . public records enforcement); § 713.29, Fla.Stat. (1999) (enforcement of lien or claim against a bond); § 718.303 . . .
. . . them an award of attorney’s fees as we conclude that they were entitled to fees under both section 718.303 . . .
. . . Section 718.303(2), Florida Statutes, provides, “A provision of this chapter may not be waived if the . . .
. . . Florida Statute § 718.303(1). . . .
. . . Paint Company moved for its attorney’s fees pursuant to both the condominium agreement and section 718.303 . . . Section 718.303(1) provides that unit owners and associations may bring actions for damages, injunctive . . .
. . . its determination that they were not prevailing parties for purposes of attorney’s fees under section 718.303 . . . Rinko moved for an awai'd of attorney’s fees and costs on count IV, as prevailing parties under section 718.303 . . . The association and the directors sought section 718.303(1) prevailing party fees under count VI. . . . plaintiffs clearly are the prevailing parties on count IV for purposes of a fee award under section 718.303 . . . Di Paola and Rinko pleaded entitlement to , section 718.303(1) fees in the general allegations of their . . .
. . . The association pled an entitlement to attorney’s fees pursuant to section 718.303, Florida Statutes . . . , for an award of attorney’s fees and costs pursuant to the Declaration of Condominium and sections 718.303 . . .
. . . Stat.(1995); § 718.303(l)(d), Fla. Stat. (1995). . . . Reck-lessness or an act or omission which was committed in bad faith or with malicious purpose. .Section 718.303 . . .
. . . involves only the litigants’ respective rights, as prevailing parties, to attorney’s fees under section 718.303 . . . Additionally, we find no error in the court’s and the master’s ruling that section 718.303 does not authorize . . . PARKER, AC.J., and FULMER, J., concur. . 718.303 Obligations of owners; waiver; levy of fine against . . .
. . . See § 718.303, Fla.Stat. (1993); Sybert v. . . . See § 718.303, Fla.Stat. (1993); Sybert; Brickell Bay. . . .
. . . the trial court granted the Associations’ motion for attorney’s fees and costs pursuant to section 718.303 . . . Thereafter, on July 16, 1993, the Associations moved for attorney’s fees pursuant to section 718.303, . . .
. . . condominium unit owner, appeals an order denying his motion for prevailing party attorney fees under section 718.303 . . .
. . . the five counts in Rosso’s complaint would entitle the association to attorney’s fees under section 718.303 . . .
. . . The Association’s good faith proposal is particularly unworkable in light of section 718.303(l)(e), Florida . . . Section 718.303(l)(e) was amended in 1991 to provide that a prevailing unit owner in an action between . . . levied during the litigation, a prevailing unit owner is entitled to reimbursement of the assessment. § 718.303 . . . There is no reason to believe that the amendment to section 718.303(l)(e) was intended to provide for . . . The pertinent amendments to section 718.303(l)(e) became effective January 1, 1992. . . .
. . . Section 718.303, Florida Statutes (1993), provides in part: (1) Each unit owner, each tenant and other . . . Id. § 718.303(1) (emphasis added). . . .
. . . reformation ordered by the court we also affirm the award of attorney fees, which was based on section 718.303 . . .
. . . Kahmi argues that the trial court erred in awarding Sylvia Bialer attorney’s fees pursuant to section 718.303 . . . complaint was dismissed with prejudice, the trial court granted Bialer attorney’s fees under section 718.303 . . . Section 718.303 provides in pertinent part: (1) Each unit owner ... and each association shall be governed . . . s action for intentional infliction of emotional distress does not fall within the ambit of section 718.303 . . . Therefore, Bialer was not entitled to fees under section 718.303. . . .
. . . Section 718.303 quite clearly prohibits waiver of any provision of the condominium act by any unit owner . . . Section 718.303(2), Fla.Stat. . . . operation of their homes and property, something prohibited by the non-waiver provision of section 718.303 . . . agreements with full knowledge of the cancellation provisions of 718.302 and the anti-waiver provisions of 718.303 . . .
. . . . § 718.303-05 (1992). . . .
. . . This court awarded appéllate attorney’s fees to Brickell Bay pursuant to section 718.303, Florida Statutes . . .
. . . party in this litigation and therefore was not entitled to an award of attorney’s fees under Section 718.303 . . .
. . . action based upon negligence, violations of the declaration of condominium, and of sections 718.106 and 718.303 . . . Additionally, section 718.303(1), Florida Statutes (1991) provides: Each unit owner and each association . . . appellants are entitled to an award of attorney’s fees under the declaration of condominium and section 718.303 . . .
. . . Section 718.303(a)(1) creates a presumption that a miner with ten years of experience died due to CWP . . . held that Freeman Coal could not rebut the presumption of total disability due to CWP. 20 C.F.R. § 718.303 . . . before us is whether the AU acted properly in invoking the interim presumption of disability under § 718.303 . . . The overwhelming weight of the evidence, then, precludes invoking the § 718.303 presumption, as the claimant . . . Therefore the ALJ’s decision to invoke the § 718.303 presumption is not supported by substantial evidence . . .
. . . . § 718.303; 2) “a miner [who] was employed for fifteen years or more in one or more underground coal . . .
. . . . § 718.303. . . .
. . . ”), appeals from an order denying its claim for attorneys’ fees as a prevailing party under Section 718.303 . . . Section 718.303(1), Florida Statutes (1987), provides in pertinent part: (1) Each unit owner and each . . .
. . . Neither the homeowners’ association bylaws, nor the statutes relied upon by appellant, sections 718.303 . . .
. . . jurisdiction does not preclude further consideration of a request for attorney’s fees under section 718.303 . . .
. . . . § 718.303. There is no disagreement that, because Mr. . . . she was entitled to a presumption similar to that of 20 C.F.R. § 727.203(a) pursuant to 20 C.F.R. § 718.303 . . . Judge Halpern did not directly address petitioner's claim that 20 C.F.R. § 718.303 provided an independent . . . 727.203(a) is not rebutted, we need not address any additional basis for her claim under 20 C.F.R. § 718.303 . . .
. . . The provisions of Florida Statute 718.303(1) mandate the award of attorney’s fees to the prevailing party . . .
. . . . § 718.303 (1988). . . . Here, we deal not with § 410.462 but with 20 C.F.R. § 718.303. . . . Section 718.303, however, does not contain a provision similar to the limitation found in the second . . . We need not decide whether the explicit limitation in § 410.462 may fairly be read into § 718.303. . . . While we do not now decide whether the Director’s construction of § 718.303 is proper, on remand Mrs. . . .
. . . in finding that McClendon’s death was due to pneumoconiosis within the meaning of 20 C.F.R. section 718.303 . . . pneumoconiosis when he was employed in the mines for ten or more years and died of a respirable disease. § 718.303 . . . death or the extent to which the respirable disease contributed to the cause of death. 20 C.F.R. § 718.303 . . .
. . . assessed attorney’s fees in the appellees’ favor for the prosecution of the entire case under section 718.303 . . . AFFIRMED. . 718.303 Obligations of owners; waiver; levy of fine against unit by association.— (1) Each . . .
. . . other, and (3) awarded the unit owner attorney’s fees and costs as the prevailing party under section 718.303 . . . the unit owner is the prevailing party and entitled to her attorney’s fees and costs under section 718.303 . . .
. . . A Declaration of Condominium is a requirement of section 718.303(1), Florida Statutes (1985), for the . . .
. . . of the offer because it would have been the prevailing party, placing it within the scope of section 718.303 . . .
. . . Kampground, was the prevailing party and, therefore, entitled to attorney’s fees pursuant to section 718.303 . . .
. . . Hanauer prevailed in this litigation and was entitled to reasonable attorney’s fees pursuant to section 718.303 . . .
. . . Appellants were not entitled to such fees pursuant to section 718.303, Florida Statutes (1983), not because . . .
. . . challenge the trial court’s award to the Association of $24,500.00 for attorney fees pursuant to section 718.303 . . .
. . . reconveyed to the unit owner, the court upheld the fee award to the association pursuant to section 718.303 . . . Thereafter, the trial court awarded attorney’s fees to the association pursuant to section 718.303(1) . . . [emphasis added] § 718.303(1), Fla.Stat. (1979). . . . .
. . . Both parties have petitioned for attorneys’ fees pursuant to section 718.303(1), Florida Statutes (1977 . . .
. . . present testimony on entitlement to and amount of attorneys’ fees under the Condominium Act, section 718.303 . . .
. . . applicable here, it is interesting to note that Chapter 84-368, Laws of Florida, 1984, creates section 718.303 . . .
. . . asserts that it is entitled to attorney’s fees as the prevailing party pursuant to sections 57.105 and 718.303 . . . In Dolphin Towers we examined the term “prevailing party” in the context of section 718.303(1), Florida . . . The association should be reimbursed for its attorney’s fees under section 718.303 and the declaration . . .
. . . finding that the waiver of the fifteen-day right to void was against public policy and that section 718.303 . . . Section 718.303(2), Florida Statutes (1983), provides: (2) A provision of this chapter may not be waived . . .
. . . Sec. 718.303(1), Fla.Stat. (1983); Kirou v. . . .
. . . . § 718.303(1), Fla.Stat. (1981). . . . .
. . . . §§ 57.041, 718.116(4)(a), 718.303(1), Fla.Stat. (1981). . . .
. . . Pursuant to section 718.303(1), Florida Statutes (1981) and the terms of the lease, the respondents as . . .
. . . Apparently, the court refused to award attorney’s fees on the premise that section 718.303, Florida Statutes . . .
. . . See Section 718.303(1)(c), Florida Statutes (1981). . . .
. . . , Inc., 410 So.2d 573 (Fla. 3d DCA 1982), in interpreting an indistinguishably analogous statute [§ 718.303 . . .
. . . of the offer because it would have been the prevailing party, placing it within the scope of section 718.303 . . .
. . . that the respondent association is not an association within the meaning of sections 718.103(2) and 718.303 . . .
. . . Thereafter, the trial court awarded attorney’s fees and costs pursuant to Section 718.303(1), Florida . . .
. . . . § 718.303(1), Fla.Stat. See Saul v. . . .