Dobal v. Villas at South Beach Condominium Association, Inc.
A condominium unit owner sued three association board members for breach of fiduciary duty, alleging they retaliated against him for publicizing roof deterioration and proposing a special assessment—including directing an engineer to alter his report and threatening suit if the owner repaired his own roof while repairing other units. The trial court dismissed with prejudice on statutory immunity under section 718.111(1)(d). The Third DCA reversed, holding the complaint adequately pled the third statutory exception—bad faith, malicious purpose, or wanton and willful disregard of property.
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