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
- Do we accept authorized-representative records requests from owners' counsel?
- What is our statutory timeline and checklist for official-records inspection?
- How do we assess fee exposure before denying a records request?
Questions for a lawyer
- Was the records denial lawful under chapter 718?
- What fee categories are recoverable after arbitration and trial de novo?
- How should a fee judgment be reviewed for math/duplication without reopening entitlement?
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._
General information, not legal advice. Outcomes turn on facts and current law.