Inna Johnson v. Carroll Oaks Homeowners Association, Inc., and Split Second Towing & Transport, Inc.

Summary

The Florida Second District Court of Appeal reversed an attorneys' fee award to Carroll Oaks Homeowners Association in litigation arising from the towing of Inna Johnson's vehicle. The court held that the fee provision in the association's recorded declaration did not authorize fees because Johnson's action concerned statutory notice requirements for towing rather than enforcement of the declaration or its restrictions. A specially concurring judge agreed, emphasizing strict construction of the fee provision and the separate parking agreement's lack of an attorneys' fee clause.

Holdings

1. Carroll Oaks was not entitled to attorneys' fees because Johnson's action concerned compliance with a statutory towing-notice obligation, not enforcement of restrictions imposed by or pursuant to the declaration.

Questions Presented

1. Whether Carroll Oaks was entitled to recover attorneys' fees under the recorded declaration's provision authorizing fees for proceedings enforcing restrictions imposed by or pursuant to the declaration.
2. Whether the underlying statutory towing-notice litigation constituted enforcement of the declaration or its restrictions for purposes of the contractual attorneys' fee provision.

Disposition

reversed