Khodam v. Escondido Homeowner's Association, Inc.

FL · Florida Fourth District Court of Appeal

Member win · other

What happened

Only Khodam's breach-of-declaration claim went to a jury. Jurors found Escondido Homeowner's Association breached its declaration of covenants but awarded $0 damages. The trial court treated neither (or the association) as prevailing for fees/costs. The Fourth DCA reversed: the breach finding made Khodam the prevailing party for attorney's fees and costs despite zero dollars, and remanded to determine reasonable amounts (Apr. 18, 2012).

What the court (or agency) held

A homeowner who obtains a jury finding that the association breached its declaration of covenants is the prevailing party for attorney fees and costs even when the jury awards $0 damages. The Fourth DCA reversed the trial court's contrary fee/cost rulings and remanded to set reasonable fees and costs.

Why this matters for members

Winning the significant liability issue—not the dollar amount—drives Florida prevailing-party fee status in covenant breach cases. Zero damages does not erase a breach verdict for fee purposes.

What the member did

Tried a declaration-breach claim to a jury verdict of breach and pursued prevailing-party fees despite a zero damage award.

Questions for the board

Questions for a lawyer

Citation

Khodam v. Escondido Homeowner's Association, Inc., 87 So. 3d 65 (Fla. 4th DCA 2012) (2012-04-18). Florida Fourth District Court of Appeal. Outcome chip: other hub / secondary. Flags: remand. Source: https://hallapproved.com/fl/cases/appeals/2012/5058094/

_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.