Olson v. Pickett Downs Unit IV Homeowner's Association, Inc.
Seminole · FL · Florida Fifth District Court of Appeal
Member win · other
What happened
Pickett Downs Unit IV HOA sued Olson over drainage-swale modifications on chapter 720 / declaration counts plus a common-law nuisance count. Olson defeated the covenant/easement equitable counts; the association obtained only nominal nuisance damages. The trial court treated fees as a draw; on December 2, 2016, the Fifth DCA reversed for Olson on mandatory prevailing-party fees for the Act-based claims and remanded costs.
What the court (or agency) held
When an association sues a member on chapter 720 / declaration counts and loses those counts, § 720.305(1) requires prevailing-party attorney fees to the member on the Act-based claims—even if the association scrapes nominal damages on a separate common-law nuisance count. The 'significant issues' test cannot erase mandatory fee entitlement on the covenant counts the homeowner defeated. Costs for the entire case were also awarded to Olson on remand.
Why this matters for members
Splitting a weak covenant case with a thin nuisance count does not erase the member's mandatory fee win on the defeated chapter 720 counts. Trial courts may not dilute § 720.305(1) with a free-floating significant-issues draw.
What the member did
Defended covenant-enforcement claims and secured denial of the association's requested swale/injunction relief on those counts; sought statutory fees.
Questions for the board
- If covenant counts are weak, why add them when a separate nuisance theory is the real claim?
- Has fee exposure under § 720.305(1) been estimated if the association loses the Act counts?
- Were alternative dispute steps used before filing multi-count enforcement?
Questions for a lawyer
- How should fee petitions segregate Act-based counts from common-law counts after Olson?
- What record defeats a 'significant issues' attempt to zero out mandatory fees?
- Are costs for the entire case still available when only some counts succeed?
Citation
Olson v. Pickett Downs Unit IV Homeowner's Association, Inc., 205 So. 3d 869 (Fla. 5th DCA 2016); No. 5D15-4043 (2016-12-02). Florida Fifth District Court of Appeal. Outcome chip: other hub / secondary. Source: https://hallapproved.com/fl/cases/appeals/2016/4328645/
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.