Matthew Bernstein (Deland, FL) (D&O) obtained Summary Judgment in a condo HOA claim. The Plaintiff, a former member of his HOA’s Board of Directors, filed suit against his HOA after he was recalled from the Board, seeking a declaratory judgment that the recall was statutorily invalid.
We presented a Motion for Summary Judgment on the basis that Plaintiff did not follow the statutory procedures and deadlines to dispute the recall. For example, Plaintiff failed to timely hold the required meeting of the Board to certify or object to the recall and he did not file his lawsuit within the 60-days allowed by the statute following the recall.
Throughout the case, the Plaintiff did not dispute this argument but maintained solely that the recall was invalid. Ultimately, the Judge agreed that even if the recall were invalid, Plaintiff failed to dispute it as required by the specific procedures of the recall statute. The Judge entered Final Summary Judgment in the HOA’s favor, and we are proceeding with moving for entitlement to attorneys’ fees and costs.