Christopher Blain and Hailey Jordaan (Tampa, FL) (D&O) obtained an Order Granting Defendants’ Motion to Dismiss in a HOA claim, where we represented five of the Defendant associations.
The Plaintiff, the master association, filed an action against the condominium association seeking declaratory relief as to the responsibility of sewage line maintenance. The master association believed that the condominium associations are responsible for maintenance under Section 718.113(1), Florida Statutes. Plaintiff alleged it had been contacted on several occasions by Owners or Representatives of the Condominium Associates regarding pipe backups and maintenance responsibility.
We presented a Motion to Dismiss on the grounds that there was no bona fide, present need for the Court to issue a declaration and therefore any declaration issued would be a mere advisory opinion based on a hypothetical future dispute. Ultimately, the Judge agreed that due to Plaintiff’s Complaint failing to provide specific factual details to support that there was an actual ongoing controversy. The Judge granted Defendants’ Motion to Dismiss on June 4, 2026.