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
- If we litigate declaration disputes, do we understand fee exposure even when damages may be nominal?
- What settlement evaluation includes fee-shifting risk after a liability finding?
- Do our documents have reciprocal fee clauses beyond statutes?
Questions for a lawyer
- Under Moritz and related Florida cases, when is a $0-damages breach verdict still "prevailing" for fees?
- How should fee evidence be prepared on remand after Khodam-type reversals?
- What cost statutes apply alongside contractual/declaration fee clauses?
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._
General information, not legal advice. Outcomes turn on facts and current law.