Boca View Condominium Association, Inc. v. Lepselter

Palm Beach · FL · Florida Fourth District Court of Appeal

Member win · records

What happened

Eleanor Lepselter's attorney requested Boca View Condominium Association official records; the association denied access. Arbitration ordered production and $500 statutory relief. The association sought trial de novo and lost at bench trial. Roughly $232k in fees/costs were awarded. On a fees appeal, the Fourth DCA dismissed as untimely the association's renewed bid to be named prevailing party, upheld substantial prevailing-party fee recovery under § 718.1255 (including post-arbitration enforcement and entitlement litigation time), and remanded only for discrete mathematical/duplicate-cost corrections and interest recalculation.

What the court (or agency) held

After the association denied counsel's request to inspect official records on a unit owner's behalf, arbitration and a trial-de-novo judgment held for the owners (including $500 statutory relief and an order to produce), and a prior appeal affirmed. On this fees appeal, the Fourth DCA dismissed as untimely the association's renewed bid to be named prevailing party, upheld substantial prevailing-party fee recovery under § 718.1255 (including post-arbitration enforcement and entitlement litigation time), and remanded only for discrete mathematical/duplicate-cost corrections and interest recalculation—not to strip member victory.

Why this matters for members

Florida condo records rights can be exercised through counsel; denying inspection can lead to arbitration, trial de novo losses, statutory minimum relief, and large prevailing-party fee awards that survive all but technical fee-math remands.

What the member did

Used counsel as authorized representative for a statutory records inspection; pursued arbitration then defended trial de novo; established prevailing-party status for fees.

Questions for the board

Questions for a lawyer

Citation

Boca View Condominium Association, Inc. v. Lepselter, No. 4D2023-1806 (Fla. 4th DCA July 31, 2024); merits previously affirmed, 384 So. 3d 168 (Fla. 4th DCA 2024) (2024-07-31). Florida Fourth District Court of Appeal. Outcome chip: member_win. Flags: remand. Source: https://cases.justia.com/florida/fourth-district-court-of-appeal/2024-4d2023-1806.pdf

_General information, not legal advice. Outcomes turn on facts and current law._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.