Johnson v. Carroll Oaks Homeowners Association, 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 association's recorded declaration did not authorize recovery of fees because Johnson's statutory towing-notice claim did not enforce or arise from the declaration's restrictions. A specially concurring opinion emphasized strict construction of the fee provision and the separate nature of the parking rules document.

Holdings

1. The Declaration's attorneys' fee provision did not entitle Carroll Oaks to recover fees because the litigation concerned whether Carroll Oaks satisfied a statutory notice obligation, not enforcement of restrictions imposed pursuant to the Declaration.

Questions Presented

1. Whether the Declaration of Easements, Covenants, Conditions and Restrictions authorized an award of attorneys' fees for Carroll Oaks's defense of Johnson's statutory towing-notice action.
2. Whether the underlying litigation constituted enforcement of restrictions imposed under the Declaration within the meaning of the contractual fee provision.

Disposition

reversed