Naples Motorcoach Resort Homeowners Association, Inc. v. JG&M Properties, LLC
An RV resort lot owner sued the developer and HOA under FDUTPA and section 720.3075(5) over a 3% resale assessment added by unilateral amendment to the declarations. The Sixth DCA reversed, holding that Florida's real estate broker licensing statutes ( cc s. 475.01(1)(a) and 475.42(1)(a)) cannot serve as implied predicate violations for a FDUTPA claim, and that the owner presented no evidence at trial that the developer's amendment was arbitrary, capricious, in bad faith, prejudicial, or economically burden-shifting, so involuntary dismissal of the 720.3075(5) count should have been granted.
Key facts
- RV resort lot owner sued the developer and homeowners association under FDUTPA and section 720.3075(5), challenging a 3% resale assessment that was unilaterally added to the community declarations.
- The trial court ruled in favor of the plaintiff on both counts; the developer and HOA appealed.
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Why it matters
This is the Sixth DCA's substantive statement on which statutes can serve as per se FDUTPA predicates, adding real estate broker licensing statutes to the list of regulatory schemes that cannot. Defense counsel facing… — full analysis with a trial
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