CARLTON PLACE CONDOMINIUM ASSOCIATION, INC.
v.
MARY BETH VILLANI
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A condominium association is entitled to recover reasonable attorney's fees when it prevails in a proceeding arising from an alleged violation by a unit owner, pursuant to both the declaration of condominium and Florida Statute § 57.105(7).
[1] When a condominium declaration of condominium provides that an association is entitled to recover attorney's fees in proceedings arising from alleged violations, and a co…
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Join FLexlaw to unlock all legal intelligence“In any proceeding arising because of an alleged . . . act . . . or violation by the Unit Owner or Association . . . the Association [] shall be entitled to recover the costs of the proceeding, including reasonable attorneys' fees.”
Amended Declaration of Condominium of Carlton Place, A Condominium (2006) § 17.4
Carlton Place Condominium Association brought a proceeding against unit owner Mary Beth Villani arising from an alleged violation. The trial court awa…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
CARLTON PLACE CONDOMINIUM ASSOCIATION, INC., Appellant,
v.
MARY BETH VILLANI, Appellee.
No. 4D2024-1114
[November 12, 2025]
Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Case No. 50-2022-CC- 010346-XXXX-MB.
Lissette Gonzalez of Cole, Scott & Kissane, P.A., Miami, for appellant.
Joshua A. Payne and William H. Pincus of Pincus & Currier LLP, West Palm Beach, for appellee.
PER CURIAM.
Affirmed. See Amended Declaration of Condominium of Carlton Place, A Condominium (2006) § 17.4 (“In any proceeding arising because of an alleged . . . act . . . or violation by the Unit Owner or Association . . . the Association [] shall be entitled to recover the costs of the proceeding, including reasonable attorneys’ fees.”); § 57.105(7), Fla. Stat. (2022) (“If a contract contains a provision allowing attorney’s fees to a party when he or she is required to take any action to enforce the contract, the court may also allow reasonable attorney’s fees to the other party when that party prevails in any action, whether as plaintiff or defendant, with respect to the contract.”).
CIKLIN, LEVINE and FORST, JJ., concur.
* * *
Not final until disposition of timely-filed motion for rehearing.