ZOKAITES PROPERTIES, LP
v.
TALAVERA ASSOCIATION, INC.
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A homeowners association's denial of property access is subject to the presuit mediation requirement of section 720.311, Florida Statutes.
[1] Disputes concerning a homeowners association's denial of a property owner's access to a parcel are subject to the mandatory presuit mediation requirement of section 720.3…
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Join FLexlaw to unlock all legal intelligence“an association may not prohibit an owner's access to a parcel for violation of the declarations, by-laws, or rules of the association”
Dissent's citation to section 720.305(2)(a), Florida Statutes, establishing that associations cannot bar access as enforcement of rules
Zokaites Properties purchased property in a development governed by Talavera Association and was denied access to its property. The trial court dismis…
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PER CURIAM. Affirmed. MAY and CIKLIN, JJ., concur. WARNER, J., dissents with opinion. WARNER, J., dissenting.
Appellant, who purchased property in a development governed by the appellee homeowners’ association, sued the association for denying it access to its property. The trial court dismissed the action, because appellant had not complied with section 720.311, Florida Statutes (2021), which requires presuit mediation of certain disputes between a homeowners’ association and a parcel owner. I would hold that the statute does not apply to the claim made by appellant. The statute applies to “[d]isputes between an association and a parcel owner regarding use of or changes to the parcel or the common areas and other covenant enforcement disputes[.]” § 720.311(2)(a), Fla. Stat. (2021). Access to the parcel does not involve use or changes to the parcel or covenant enforcement issues. Recognizing that an association should not bar access, section 720.305(2)(a), Florida Statutes (2021), provides that an association may not prohibit an owner’s access to a parcel for violation of the declarations, by-laws, or rules of the association. Therefore, I dissent from the affirmance of the order of dismissal.
* * * Not final until disposition of timely filed motion for rehearing.