Sarli v. Vanguard Village in the Mainlands Community Two Association, Inc.

Ashley N. Landrum (N. Palm Beach) (D&O) obtained a dismissal with prejudice of all claims in the Second Amended Complaint against a Homeowners Association. The Plaintiff, a Homeowner, filed suit against the Association and a former neighbor related to damage caused to Plaintiff’s property due to the failure of his neighbor to maintain her property, including failure to remove an olive tree, its roots and stump, and failure to repair a seawall. Plaintiff claims that his neighbor was required to maintain her lot in a good, safe, clean, neat and attractive condition, but failed to do so. The Plaintiff claimed that the Association was required to force the neighbor to remove the olive tree and repair the seawall, or undertake the actions itself because the Declaration provides the Association with the right to send a written notice of the violation to the owner, with the right, but not the obligation to enter the premises and correct the violation if the owner fails to timely correct the violation. The Association moved to dismiss each of the claims asserted against it in the prior iterations of the Complaint based on the discretionary enforcement authority of the Association in its Declaration and § 720.305. Furthermore, on the basis that the Association has no fiduciary relationship to its Owners, under a common law, statutory or contractual theory, and therefore could not breach a duty it did not owe to the Plaintiff. Accordingly, after the Court had previously provided opportunities to the Plaintiff to amend his claims, it found that further amendment would be futile and dismissed the Second Amended Complaint with prejudice. Thereafter, a motion for entitlement to prevailing party attorneys fees and costs was timely filed and remains pending.