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
- What surface-water management duties do our governing documents assign to the association?
- How are chronic flooding complaints investigated and cured?
- How do we evaluate fee exposure when an owner seeks injunction rather than damages?
Questions for a lawyer
- Does § 720.305(1) support fees after an injunction win with $0 damages?
- What proof establishes breach of surface-water maintenance duties?
- How should fee entitlement be framed after mixed damages/equitable results?
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._
General information, not legal advice. Outcomes turn on facts and current law.