MARY B. SLATER, APPELLANT,
v.
BREAKWATER HOMES ASSOCIATION, A DELAWARE CORPORATION AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Mary Slater appealed a judgment awarding attorneys fees to Breakwater Homes Association in a dispute over homeowner assessments. The Florida appellate court reversed the attorneys fees award, holding that such fees are only recoverable when authorized by statute or agreement, and none existed here.
The trial court erred in awarding attorneys fees because attorneys fees in this type of case are recoverable only when authorized by statute or agreement. Here, no such authorization existed in the association's corporate documents or applicable statutes.
[1] Attorneys fees are recoverable only when authorized by statute or agreement.
[2] A homeowners association cannot recover attorneys fees for enforcing assessments if its governing documents do not provide for such recovery.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is well settled that attorneys fees in a case of this nature are recoverable only when they are authorized by statute or agreement.”
Establishes the legal standard that attorneys fees require statutory or contractual authorization
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSlater purchased a home in Breakwater Subdivision and agreed to be bound by the association's certificate of incorporation, bylaws, and rules. The ass…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
DELL, Judge.
Mary Slater appeals from a judgment awarding attorneys fees and costs to the appellee, Breakwater Homes Association, a Delaware Corporation.
Appellant bought a home in Breakwater Subdivision and agreed to be bound by the certificate of incorporation, bylaws and rules and regulations of the Breakwater Homes Association. Appellee is not a condominium association or a developer, but appellee maintains a clubhouse and pool and provides exterior maintenance to the individual homes in the subdivision and assesses homeowners annually for this service. Appellant notified appellee to cease maintenance on her home and informed appellee that she would not pay for individual service thereafter. Appellee filed suit seeking to compel payment of the assessment and prevailed. The court awarded appellee attorneys fees and costs.
Appellant contends the trial court erred when it awarded attorneys fees because neither the corporate charter, the bylaws nor the rules and regulations contain a clause which provides for attorneys fees. We agree and reverse the order awarding attorneys fees.
Appellee argues that the deed to appellant’s predecessor in title contained a provision subjecting it to a lease which provided for recovery of attorneys fees incurred in the enforcement of the lien for maintenance and repairs of the common facilities. Appellee has failed to establish the relevancy of this argument because neither the record on appeal nor the evidence before the trial court included the lease or appellant’s deed. Furthermore, it affirmatively appears from appellee’s amended prayer for attorneys fees and the order granting appellee leave to claim attorneys fees that appellee relied on the corporate bylaws and the rules and regulations of the association to establish its claim for attorneys fees. Neither the bylaws nor the rules and regulations contained a provision for attorneys fees.
It is well settled that attorneys fees in a case of this nature are recoverable only when they are authorized by statute or agreement. Gregory v. Woodbery, 53 Fla. 566, 43 So. 504 (1907); Dorner v. Red Top Cab and Baggage Company, 160 Fla. 882, 37 So. 2d 160 (1948); Rivera v. Deauville Hotel, Employers Service Corporation, 277 So. 2d 265 (Fla.1973). Section 57.105, Florida Statutes, does not apply to the facts of this case, nor can appellee rely on Section 718.-125, Florida Statutes, which governs only the condominium form of ownership.
Under the circumstances of this case we find no merit in appellee’s contention that appellant’s payment of the judgment awarding attorneys fees, to avoid execution, terminated her right of appeal. Accordingly, we reverse the trial court’s order awarding appellee attorneys fees with leave to the appellant to seek restitution for same.
REVERSED.
GLICKSTEIN and HURLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ronette Commc'ns Corp. v. Pasquale Lopez, 475 So. 2d 1360 (Fla. 5th DCA 1985)…ntary payment of a judgment renders the case moot and precludes appeal while an involuntary payment does not. In any event, however, we conclude that appellant’s payment in the instant case was involuntary. In Slater v. Breakwater Homes Association, 413 So. 2d 148 (Fla. 4th DCA 1982), the court stated that appellant’s payment of a judgment awarding attorney fees to avoid execution did not terminate her right to appeal. In the present case, we have no difficulty concluding that appellant likewise did not lose…
-
Grant v. Wester, 679 So. 2d 1301 (Fla. 1st DCA 1996)…of the judgment adverse to him. The Westers, appellees in the main appeal, made payment under the immediate "threat of execution.” Frank Silvestri Invs., Inc. v. Sullivan, 486 So. 2d 20, 21 (Fla. 5th DCA 1986). See Slater v. Breakwater Homes Ass’n, 413 So. 2d 148 (Fla. 4th DCA 1982); Reserve Ins. Co. v. McPeak, 181 So. 2d 662 (Fla. 1st DCA 1966). As cross appellants, they rely only on argument that would be available to them as appellees, in any event. . "It is equally true ... that a landowner who successf…
-
Frank Silvestri Invs., Inc. v. Sullivan, 486 So. 2d 20 (Fla. 5th DCA 1986)…39 A.L.R.2d 153, 160 § 5(b); Koerner and Lambert, a Professional Law Corp. v. Allstate Insurance Company, 363 So. 2d 546 (La.App.1978); Freeman v. Wintroath Pumps, Etc., 13 Ariz.App. 182, 475 P. 2d 274 (1970); Slate v. Breakwater Homes Association, 413 So. 2d 148 (Fla. 4th DCA 1982), their reasoning is based on the ever-present threat of execution. See, e.g., Freeman, supra. However, where a stay has been issued the payment is voluntary. Bull v. Doss Brothers, Culp v. Sandoval, supra. In the instant case, t…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Adeline M. Dorner v. RED TOP CAB & Baggage Co., 160 Fla. 882 (Fla. 1948)
- Rivera v. Deauville Hotel, 277 So. 2d 265 (Fla. 1973)
- Gregory v. Woodbery, 53 Fla. 566 (Fla. 1907)