In short: Review denied. In the Island Club Resort dispute, the homeowners’ association appeared on both sides of a Polk County appeal through different law firms. On October 31, 2014, the Second District denied certiorari without opinion, affirmed a companion appeal, and awarded appellate fees to the owner-respondent.
The Facts
This dispute came out of Polk County and involved the Island Club Resort homeowners’ association and the community’s developer. The appeals court’s docket lists the association on both sides of the case: once as an appellant alongside the developer, and once as an appellee appearing through a different law firm. The other appellee was an individual owner, Jose Fernandez.
According to the video description, the fight was over a mid-case change of lawyers, with two firms each claiming to be the association’s lawyer. The appellate court’s docket shows the association-and-developer side filed a notice of appeal in December 2013, an emergency motion to stay that the court denied, and then a petition for certiorari. Certiorari is the route for reviewing non-final orders that are not otherwise appealable. A companion appeal (2D14-0024) from a related order was set to travel with it before the same panel.
The respondents also asked the court to dismiss and to impose sanctions. Those motions were denied. The court set the case for oral argument in fall 2014.
The Decision
On October 31, 2014, the Second District denied the certiorari petition per curiam, without a written opinion. The same day it per curiam affirmed the companion appeal, also without opinion. It denied the petitioners’ request for appellate attorney’s fees and granted the owner-respondent’s motion for appellate fees.
Because there is no opinion, the court gave no reasons, and the denial sets no precedent. What can be said is that the court declined to disturb the trial court’s rulings. The underlying orders and briefs are not public on the docket, so the exact order under review is not confirmed here. The details of the counsel dispute come from the parties’ arguments as described in the video.
The Law
A Florida association acts through its board, and the board decides who represents the association in litigation. When two factions each claim to control an association, often during or after turnover from the developer, the question of which lawyer speaks for the association can itself become the lawsuit. Turnover rights and the timing of owner control are governed by section 720.307.
Most non-final orders cannot be appealed immediately. Review by certiorari requires a departure from the essential requirements of law causing material injury that cannot be fixed on appeal after final judgment, a demanding standard. A per curiam denial without opinion generally cannot be reviewed further by the Florida Supreme Court.
Lessons
- Settle who controls the association, and who the board has authorized as counsel, before filing or defending suits in the association’s name.
- Certiorari review of mid-case orders is hard to get. Expect to wait for a final judgment in most cases.
- Losing an appeal can cost more than your own fees: here the court awarded appellate fees to the owner on the other side.
- Owners caught in a developer-versus-association fight should read the declaration and bylaws for who has authority to act.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Two Law Firms Both Claim to Represent HOA — Who's the Real Lawyer? | Island Club, 2D13-6007
Go Deeper
- Can a Master Association Strip Condo Owners' Rights by Amendment? (De Soleil v. Perrin)
- When a Lawyer Misses Deadlines: Sanctions, Show-Cause Orders, and What Clients Can Do
Frequently Asked Questions
Who decides which lawyer represents a Florida HOA?
The association acts through its board of directors, so the board, acting properly under the bylaws, decides who represents the association. Disputes arise when competing groups each claim to be the legitimate board, as in disputes around developer turnover. A court may have to decide who has authority before the merits can be reached.
What does certiorari denied per curiam mean in a Florida appeal?
It means the district court of appeal refused to review a non-final order and gave no written explanation. It is not a ruling on the merits that other courts must follow. In the Island Club Resort case the Second District denied certiorari on October 31, 2014 without an opinion.
Can I appeal a non-final order in a Florida HOA lawsuit?
Usually not right away. Only non-final orders listed in the appellate rules can be appealed immediately. Others can be challenged by certiorari only if the order departs from the essential requirements of law and causes harm that cannot be fixed on appeal from the final judgment.
Can the other side get appellate attorney fees if my HOA appeal fails?
It can, if a statute or contract provides for fees and a timely motion is filed. In the Island Club Resort matter, the Second District denied the petitioners’ fee request and granted the owner-respondent’s motion for appellate fees when it denied review.
Talk to a Florida HOA dispute lawyer
Weidner Law, P.A. handles homeowners association, covenant and community disputes from St. Petersburg. If you need a property dispute lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
