Grand Harbor Community Association, Inc. v. GH Vero Beach Development, LLC
A homeowners' association sued its former developer and developer-appointed directors for breach of the Declaration (failure to fund reserves and failure to pay its deficit-funding share of operating expenses) and breach of fiduciary duty. The Fourth District affirmed summary judgment on the reserve-funding contract claim and the fiduciary duty claim (business judgment rule; no evidence of bad faith or willful misconduct), but reversed as to the claim that the Developer underpaid its deficit-funding obligation and reversed the trial court's standing ruling, while holding recovery is limited to breaches accruing within five years of suit because no statute tolls limitations for HOA claims until turnover.
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