Pecchia v. Wayside Estates Home Owners Association, Inc.
Seminole · FL · Florida Fifth District Court of Appeal
MIXED · records
What happened
Parcel owners William Pecchia and Kathleen Porter sought injunctive relief after records requests under § 720.303. The trial court denied relief, found the association in sufficient compliance, and awarded the association prevailing-party fees. On June 7, 2024, the Fifth DCA reversed the records-compliance ruling and remanded, while affirming against the owners on broader common-element/CCR injunction claims.
What the court (or agency) held
The appellate court reversed the trial court's finding that the HOA had sufficiently complied with Florida Statutes section 720.303(4) and (5) recordkeeping and inspection duties. 'Shall' in those provisions is mandatory; associations must maintain required official records and permit inspection within the statutory timeline. Failure to provide access within ten business days after a proper written request creates a rebuttable presumption of willful noncompliance; on this record the association did not overcome that problem. Remand for further proceedings; not a complete sweep for the owners.
Why this matters for members
This result is MIXED — a partial win, not a clean sweep on every claim. Section 720.303 timelines are mandatory. A trial finding of 'sufficient compliance' will not survive if access was late or incomplete; willfulness presumptions matter for remedies and fees on remand.
What the member did
Made written records-inspection requests and sued to enforce section 720.303 inspection and maintenance duties.
What did not work
Broader claims seeking injunctions over common-element maintenance and CCR enforcement were affirmed against the owners on appeal.
Questions for the board
- Is every official-record category in § 720.303(4) actually maintained and indexed?
- What calendar tracks the ten-business-day inspection clock after a written request?
- Before claiming 'sufficient compliance,' was a complete production log prepared?
Questions for a lawyer
- What remedies and fee exposure follow reversal of a false compliance finding?
- How should broader maintenance/CCR injunction claims be scoped to avoid affirmance against the owner?
- What evidence rebuts or confirms the willfulness presumption?
Citation
Pecchia v. Wayside Estates Home Owners Association, Inc., 388 So. 3d 1136; Case No. 5D2023-0963 (Fla. 5th DCA 2024) (2024-06-07). Florida Fifth District Court of Appeal. Outcome chip: MIXED. Flags: MIXED, remand. Source: https://caselaw.findlaw.com/court/fl-district-court-of-appeal/116248149.html
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.