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.
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