Michael Price and Ryan Barker (Jacksonville, FL) (D&O) obtained a complete Defense Verdict in St. Johns County, Florida after a two (2) day bench trial in relation to a Condo Association matter where Plaintiffs, Raymond and Dorothy Chiu and their family’s limited partnership, alleged that individual patios and decks installed behind individual units were unauthorized alterations to common elements and that a bulkhead/retention wall installed in the retention area of the property should have required a vote of the association members and that the board violated its power by making the decision to have it installed without said vote and approval.
The Court denied prior motions for Summary Judgment on the issues as well as a motion for Directed Verdict at the close of Plaintiffs’ case. However, the Court sided with defense in its final ruling after determining that the decks and patios were not unauthorized alterations to common areas and that the Plaintiffs failed to act upon having them removed or banned when they held a majority vote on the board of the association in 2017 and 2018. The Court also determined that the board acted within their duties and powers to maintain the surface water and stormwater management systems by having the bulkhead installed in the retention area as they followed protocol laid out in the bylaws and association agreement, that it addressed concerns with erosion behind numerous buildings, and that it did not require a vote of the association’s members.
As this was a complete Defense verdict, we are currently seeking an award for full fees and costs as the prevailing party.