Ayala Law PA Prevails on Appeal in Attorney’s Fee Dispute

We are pleased to announce that we successfully represented our appellant before Florida’s Second District Court of Appeal, securing a reversal of the trial court’s award of attorneys’ fees to the appellee, a homeowners association.

The appeal arose after the lower court granted attorneys’ fees to the association following a summary judgment ruling against our client in a towing-related dispute. Our team argued that there was no legal basis for the fee award because the underlying claim was not one for enforcement of a contractual right under the community’s governing documents, but rather a statutory claim regarding improper towing.

The appellate court agreed, concluding that the association was not entitled to attorneys’ fees under its recorded declaration. The court found that the litigation did not constitute enforcement of the declaration’s restrictions and that the fee provision did not apply to the nature of the underlying dispute, which was governed by Florida Statute § 715.07—not the association’s governing documents.

This decision reinforces the principle that attorneys’ fee provisions in recorded declarations must be strictly construed and only apply when litigation arises directly from or enforces the contractual terms they govern.

We commend the efforts of our litigation team on this result. The ruling not only protects our client from an unwarranted financial burden but also helps clarify the scope of attorneys’ fee entitlement in community association disputes across Florida.

We’ll continue to represent clients with diligence and strategic precision—both at the trial and appellate levels.

If you’re facing a legal dispute, contact an experienced attorney in Miami at 305-570-2208.

You can also contact trial attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].