CSK Defense Team
Tampa Partner Paydon Broeder
Tampa Associate Robert DeLuca
Case Summary
This case arose from a dispute over a Plaintiff’s request to inspect records maintained by a Sarasota County homeowners association. The Plaintiff alleged that the Defendant HOA failed to address her request within the timeframe required under Florida law.
Although the documents were not physically delivered to the Plaintiff, the central issue was whether the Association had fulfilled its obligation by providing an opportunity to review them. After more than a year of litigation, the case proceeded to a two-day bench trial.
Defense Strategy
The CSK Defense Team focused on the language of the applicable law, maintaining that an HOA must make requested records accessible for inspection rather than physically deliver them.
The Team presented evidence of multiple attempts to accommodate the Plaintiff, including written communications offering to arrange a date and time for her review. While the Plaintiff disputed receiving those communications, the defense demonstrated the steps taken by the Association to address the request.
Outcome
Following the bench trial, the Court entered a verdict in favor of the Defendant HOA, finding that the Plaintiff had not met her burden of establishing a statutory violation. The Court further determined that, even if a failure to respond had been shown, the evidence did not support a finding of willful noncompliance.
The ruling allows the Association to seek recovery of attorneys’ fees and costs, which provides useful guidance for community associations on documenting their handling of records requests and maintaining clear communication throughout the process.
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