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.
Key facts
- Unit owner at South Beach Condominium sued three board members for breach of fiduciary duty, alleging they retaliated against him for publicizing roof deterioration and proposing a special assessment.
- The alleged retaliatory conduct included directing an engineer to alter his report and threatening to sue the owner if he repaired his own roof while the association repaired other units.
- +2 more key facts with a free trial
Why it matters
This opinion gives community-association litigators a clear pleading roadmap for defeating condominium board members' statutory immunity under section 718.111(1)(d) by invoking the bad-faith/malicious-purpose exception… — full analysis with a trial
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