Coconut Key Homeowner's Association, Inc. v. Gonzalez

Broward · FL · Florida Fourth District Court of Appeal

Member win · other

What happened

Gonzalez sued Coconut Key Homeowner's Association over flooding from failed surface-water maintenance and sought a mandatory injunction (also raising unaddressed unauthorized decks elsewhere). A jury found governing-document breach but awarded $0 damages; the court entered a mandatory injunction requiring the association to cure flooding by complying with surface-water management duties. The trial court denied prevailing-party attorney fees. The Fourth DCA affirmed the injunction and, under § 720.305(1) and Khodam, reversed the fee denial and remanded for a fee/cost award because a member who prevails on significant issues—including equitable relief—is entitled to fees even with $0 damages on a related breach count.

What the court (or agency) held

A mandatory injunction requiring the association to cure chronic flooding by complying with its surface-water management duties under the governing documents was affirmed after a jury found breach. Separately, under § 720.305(1) a member who prevails on significant issues—including equitable relief—is entitled to attorney fees and costs even if the jury awards $0 damages on a related breach count. Citing Khodam, the court reversed the fee denial and remanded for a fee/cost award.

Why this matters for members

Winning significant equitable relief under chapter 720 can carry prevailing-party fees even when the damages verdict is zero. Maintenance duties in the governing documents are enforceable by mandatory injunction.

What the member did

Tried breach and injunction claims under chapter 720; obtained jury breach finding and mandatory injunction; sought prevailing-party fees despite zero damages.

Questions for the board

Questions for a lawyer

Citation

Coconut Key Homeowner's Association, Inc. v. Gonzalez, 246 So. 3d 428 (Fla. 4th DCA 2018); Nos. 4D17-739 & 4D17-1749 (2018-05-09). Florida Fourth District Court of Appeal. Outcome chip: other hub / secondary. Flags: remand. Source: https://www.courtlistener.com/opinion/4496383/gonzalez-v-coconut-key-homeowners-assoc-inc/

_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.