Florida/Georgia Personal Injury & Workers Compensation

...consistent with the constitution and laws of the United States and the acts of the Legislature of this state. [4] See, e.g., § 61.181(5)(b), Fla. Stat. (Supp. 1984) (alimony and child support enforcement); § 77.28, Fla. Stat. (1983) (garnishment); § 718.303, Fla....

...Moreover, even assuming for argument's sake that a "legal" act, even one done for an improper purpose, can never give rise to a tortious interference claim, the defendants here did not commit a "legal" act. They posted signs in violation of the recorded restrictive covenants for the condominium. Section 718.303(1), Florida Statutes (2005), imposes upon each unit owner the obligation to comply with condominium covenants and gives other unit owners the right to enforce the provisions through actions for injunction and damages....

...owners refused to pay rent and brought this action seeking a declaration that the foreclosure sale terminated the lease. During the pendency of the action the trial court ruled that the "prevailing party" would be entitled to an attorney's fee under section 718.303, Florida Statutes....

...Subsequently, the trial court held a hearing and entered a "Supplemental Final Judgment" awarding appellees' attorney a fee of $22,800. The award of a fee was error because (1) this lawsuit had nothing whatever to do with the litigation addressed by section 718.303, namely actions between unit owners and/or their condominium associations for breach of the statutory or contractual provisions governing such associations, (2) no other law, and no contract between the parties, permits the assessment...

...Because of the results reached herein, we find it unnecessary to answer the question certified by the district court of appeal. For the reasons stated above we approve the result of the district court without adopting its reasoning. *678 Both parties have petitioned for attorneys' fees pursuant to section 718.303(1), Florida Statutes (1977)....

...Therefore, we do not address this matter further. We are concerned, *366 however, about the denial of the association's motion for attorney's fees and costs. On appeal, the association asserts that it is entitled to attorney's fees as the prevailing party pursuant to sections 57.105 and 718.303, Florida Statutes (1981), and a provision of the declaration of condominium....

...Warren Heating & Air Conditioning, Inc., 340 So.2d 1234 (Fla. 4th DCA 1976); Mardan Kitchen Cabinets, Inc. v. Bruns, 312 So.2d 769 (Fla. 3d DCA 1975); Jackson v. Hatch, 288 So.2d 564 (Fla. 2d DCA 1974). In Dolphin Towers we examined the term "prevailing party" in the context of section 718.303(1), Florida Statutes (1979), the Condominium Act, a provision also relied upon by the association herein....

...The case was rendered moot by a volitional act of the appellees, rather than a circumstance beyond their control. By transferring their condominium interest, appellees avoided challenging the association's position but provided the relief it sought. The association should be reimbursed for its attorney's fees under section 718.303 and the declaration of condominium as well as for its costs....

...Baratta succeeded in getting a temporary injunction against Valley Oak. However, after there had been no record activity for a period of one year, Valley Oak filed its "Motion to Dismiss for Lack of Prosecution and to Dissolve Temporary Injunction." In this motion, Valley Oak requested attorney's fees, citing section 718.303, Florida Statutes (2003), and section 11.6 of the "Declaration of Covenants, Conditions and Restrictions for Valley Oak at the Vineyards," which provided for attorney's fees for the prevailing party in any legal proceeding....

...(1999) (providing sanctions for raising unsupported claims or defenses); § 83.48, Fla.Stat. (1999) (landlord and tenant actions); § 119.12, Fla.Stat. (1999) (public records enforcement); § 713.29, Fla.Stat. (1999) (enforcement of lien or claim against a bond); § 718.303, Fla.Stat....

a “prevailing party” within the meaning of section 718.303(1) because he paid the substantial part of

...The Association also challenges the award of attorney's fees to Millman and Aronoff by the trial court. We affirm also the award of fees. The prevailing party in an action brought pursuant to the provisions of Chapter 718, Florida Statutes (1979) is entitled to recover reasonable attorney's fees. Section 718.303(1), supra....

...e meaning of statutory or contractual provisions awarding attorney's fees to the "prevailing party" in litigation. See Griffin v. Berkley S. Condo. Ass'n, 661 So.2d 135 (Fla. 4th DCA 1995) (applying prevailing party provision in condominium statute, section 718.303, Florida Statutes (1993)); Hatch v....

...The unit owners took a voluntary dismissal; they later refiled the identical action, except that the owners of the improvements were added as party defendants. Id. The second district held that the association was the prevailing party in the first action within the meaning of section 718.303(1), Florida Statutes (1979), a statute *319 containing "prevailing party" language similar to section 720.305(1)....

...Cantele, 837 So.2d 371, 377-78 (Fla.2002), we withdrew our prior opinion in this case. We now substitute the following. The county court judge in this case denied a motion for attorney's fees and certified a question as being of great public importance concerning the application of section 718.303(1), Florida Statutes (2001). We rephrase the question: *745 IN A SUIT BY A CONDOMINIUM ASSOCIATION AGAINST A UNIT OWNER FOR UNPAID ASSESSMENTS, IS THE UNIT OWNER THE "PREVAILING PARTY" WITHIN THE MEANING OF SECTION 718.303(1), FLORIDA STATUTES (2001), WHERE THE OWNER PAYS SUBSTANTIALLY ALL THAT IS SOUGHT BY THE ASSOCIATION, AND THE ASSOCIATION THEREAFTER FILES A VOLUNTARY DISMISSAL WITHOUT PREJUDICE? For the reasons stated below, we answer the certified question in the negative and affirm the order of the county court....

...it did not believe that it was worth while for a small [c]ondominium [a]ssociation to continue to litigate indefinitely under those circumstances." The trial court denied Padow's motion, devoting much of its thoughtful order to the issue of whether Padow was the "prevailing party" within the meaning of section 718.303(1)....

...ces would require a plaintiff to fight every case to judgment, even though it "achieved all of the legitimate goals of [its] suit," which was not a goal of the legislature in passing the statute. The test for determining the "prevailing party" under section 718.303(1) is "whether the party `succeed[ed] on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit.'" Munao, Munao, Munao & Munao v....

...(emphasis added). This language indicates that a defendant is not automatically the prevailing party for the purpose of an attorney's fee statute when a plaintiff takes a voluntary dismissal. Here, Padow cannot be a "prevailing party" within the meaning of section 718.303(1) because he paid the substantial part of the association's claim for delinquent assessments prior to the voluntary dismissal....

...aken about the unit owner's credit balance; the owner still owed a small amount, "which would not have been enough to warrant the filing of the suit." Id. This court held that the unit owner was the prevailing party entitled to attorney's fees under section 718.303....

the purpose of attorney's fees provided by Section 718. 303(1) of the Act. The illogic of the rule adopted

...HOBSON, Acting Chief Judge. The issue of this appeal is whether, on voluntary dismissal of a unit owner's action against a condominium association, the condominium association becomes the prevailing party for purposes of an award of attorney fees under Section 718.303, Florida Statutes (1979)....

...complete the presentation of evidence. Subsequently the Del Benes voluntarily dismissed the action pursuant to Florida Rule of Civil Procedure 1.420(a)(1). The condominium association moved for an award of attorney fees as the prevailing party under Section 718.303(1)....

...Following a hearing, the lower court denied the motion. The following day, the Del Benes filed a new action against the condominium association, which was the same as the first action except that the owners of the improvements were joined as party defendants. Section 718.303(1), Florida Statutes (1979), provides that in an action by or against a condominium association, "the prevailing party is entitled to recover reasonable attorney's fees." The condominium association, defendant in the lower court, contends that when the Del Benes voluntarily dismissed their action, the association became the "prevailing party" within the meaning of Section 718.303(1) and was therefore entitled to an award of attorney fees. We agree. Although there has been no judicial interpretation of the term "prevailing party" as used in Section 718.303(1), Florida courts have construed Section 713.29, Florida Statutes (1979), an analogous provision in the Mechanics' Lien Statute....

...4th DCA 1976); Marden Kitchen Cabinets, Inc. v. Bruns, 312 So.2d 769 (Fla. 3d DCA 1975); Jackson v. Hatch, 288 So.2d 564 (Fla. 2d DCA 1974); Lion Oil Company, Inc. v. Tamarac Lakes, Inc., 232 So.2d 20 (Fla. 4th DCA 1970). We hold that the term "prevailing party" in Section 718.303(1) of the Condominium Act should likewise be construed to include a defendant against whom a voluntary dismissal is taken....

...authorizing the award of attorney's fees. Under these statutes, attorney's fees may be awarded even where a party has taken a voluntary dismissal. Dolphin Towers Condominium Association, Inc. v. Del Bene, 388 So.2d 1268 (Fla.2d DCA 1980) [construing Section 718.303(1), Florida Statutes (1979)]; MacBain v....

...The complaint alleges that Asnani was a director designated by the condominium developer but does not allege that the others were appointed in that manner, although Sonny Boy asserts this in its brief. Sonny Boy also asserts that because Asnani, as developer, designated both himself and Lovell as directors under section 718.303(1)(c), they are held to a stricter standard for any wrongful acts than elected directors under section 718.303(1)(d) which requires that the wrongful acts also be willful and knowing. Section 718.303(1), Florida Statutes (2002), provides in part: (1) Each unit owner, each tenant and other invitee, and each association shall be governed by, and shall comply with the provisions of, this chapter, the declaration, the documents creati...

...he association is assumed by unit owners other than the developer. (d) Any director who willfully and knowingly fails to comply with these provisions. The statute is deficient in that it provides no guidance, standard or reason for distinguishing in section 718.303(1)(c) and section 718.303(1)(d) between directors who are "designated by the developer" and "any director." If a higher standard was intended to apply to directors designated by the developer, that standard was not included in the statute. Courts have not directly addressed the distinction between the two sections, but have established the standards to follow when presented with the issue of director liability. Florida cases discussed below focus on section 718.303(1)(d) and allow us to conclude that Florida courts have adopted the "Business Judgment Rule" when faced with determining whether a director, whether or not designated by the developer, has breached a fiduciary duty in maintaining, repairing or replacing association property....

...In that capacity, the complaint alleged Asnani breached his statutory, [1] as well as fiduciary duties owed to the Association and unit owners by failing to repair, and maintain an extensive list of equipment and parts of the common elements, after full knowledge of the repair and maintenance problems. Because section 718.303(1)(c), as discussed below, does not require proof that developer-appointed directors' malfeasances be willful or knowing in order to establish personal liability, the trial court erred in dismissing the complaint against Asnani for failure to state a cause of action....

...dismissed without an opportunity to amend, to add the words "willful and knowing." The allegations against them were identical to those against Asnani, except there were no allegations that they were developer-appointed directors. Thus, pursuant to section 718.303(1)(d), Sonny Boy would have to establish that their misconduct rose to a higher level than Asnani's, equivalent to willful and knowing omissions to repair and maintain the common elements of the condominium....

...There is a difference between the standard of conduct imposed on elected directors of owner-controlled condominium associations, in order to escape personal liability than that imposed on developer-appointed directors of the association before control of the association has been turned over to the owners. Section 718.303(1) creates the difference....

...association is assumed by unit owners other than the developer; (d) Any director who willfully and knowingly fails to comply with these provisions. (emphasis supplied) These provisions have been part of Florida's condominium statute since 1976. See 718.303(1), Fla....

...reby benefitting either themselves or the entity that appointed them. It described this conduct as "willful" and a breach of the director's fiduciary duties. The majority opinion in this case concludes that although there is a different provision in section 718.303(1), which deals with developer-appointed directors' personal liability for acts or omissions prior to turning control of the association to the unit owners, than the one for elected directors after turn over, no higher standard can be...

...Section (d) requiring "willfully and knowingly" is all that is required. In my view, two different standards were intended and clearly imposed by these provisions. The standard of conduct to which developer-appointed directors are intended to the held is the same as the other entities in section 718.303(1), for which no special standard is set forth in the statute either; the association, the unit owner and the tenant....

...Mallero and Lovell—Willful and Knowing Standard. There are many cases in Florida cited by the majority opinion in this case, which have taken an even more restrictive view of condominium association director personal liability than is suggested by the language in section 718.303(1)....

...But it held there was no personal liability for the officer of the developer-corporation unless something more than officer status was established, such as fraud, self-dealing, unjust enrichment, betrayal of trust, or some basis to "pierce the corporate veil." Clearly section 718.303(1) was not involved, nor was it mentioned....

...ers. As described by Judge Nesbitt, the transgressions *33 alleged in that case were negligent acts at most—the failure to properly administer insurance proceeds after hurricane Andrew. I agree with the result in that case, based on the language of section 718.303(1)(d)....

...reckless acts, and acts committed in bad faith or with a malicious purpose. To construe those provisions as part of the condominium statute, chapter 718, construction of the statutes, in essence, writes out the "willfully and knowingly" language in section 718.303(1)(d), and the higher fiduciary language implied in section 718.303(1)(c). Taking this view deprives both provisions of section 718.303(1) of any impact, because the general corporation statutes require a plaintiff establish a great deal more than "willfully and knowingly" in order to impose personal liability for directors whether or not they are developer-appointed or elected by unit owners....

...the declaration and bylaws and chapters 607 and 617 as applicable. (emphasis supplied) This section applies to associations, not directors. And, it provides chapter 718 controls condominium associations, where in conflict with chapters 607 and 617. Section 718.303(1) is in conflict with section 617.0834(1) and 607.0831(1)....

...The other issues remained for trial. This court reversed the summary judgment because we thought there was an issue of fact as to the element of willfulness, which should be resolved by the jury. We did not address the different standard of care imposed by section 718.303(1) on developer-appointed directors in the initial stage of the condominium's development as opposed to elected directors....

...Weiss ; Oceancrest Condo v. Donner . In Taylor, we concluded that a defendant director could not be held individually liable simply because of his status as a director of the association. With that no one could disagree. However, based on the controlling statute, section 718.303(1), I think personal liability for a developer-appointed director for action taken or not taken before control of the association is turned over to the unit owners, can be based on less than willful and knowing acts, which may include...

...United States Fidelity & Guaranty Co. v. Sellers, 197 So.2d 832 (Fla. 1st DCA), cert. denied, 204 So.2d 211 (Fla. 1967). The decision of the district court is approved and this cause is remanded for further proceedings. Both parties have petitioned for attorneys' fees. Pursuant to section 718.303(1), Florida Statutes (1981) and the terms of the lease, the respondents as the prevailing parties are entitled to recover reasonable attorneys' fees....

...2d DCA 1984) (where condominium association filed suit against unit owner to have the sale of a one-third interest in a unit set aside, and case was dismissed for mootness when the *1345 interest was reconveyed to the unit owner, the court upheld the fee award to the association pursuant to section 718.303, Florida Statutes (1981), finding that "in essence, the association had prevailed because the effect of appellees' reconveyance was to accede to the association's request for relief")....

...The defendant answered the complaint raising a variety of affirmative defenses and demanded a jury trial. Prior to the trial, the case was dismissed as moot because the child was no longer living in the condominium. Thereafter, the trial court awarded attorney's fees to the association pursuant to section 718.303(1), Florida Statutes (1979)....

...rovisions may be brought by the association or by a unit owner against: .... (b) A unit owner. .... The prevailing party is entitled to recover reasonable attorney's fees. This relief does not exclude other remedies provided by law. [emphasis added] § 718.303(1), Fla....

...thorized act of purchasing the adjoining property. Although the proposed good faith standard has appeal, I can find no authority for such a standard in the Condominium Act. The Association's good faith proposal is particularly unworkable in light of section 718.303(1)(e), Florida Statutes, (1993)....

...Although this provision is not controlling in this case, [3] it seems to militate against application of a good faith standard in this context and lends support to my conclusion that judgments resulting from unauthorized acts of a condominium association should not be considered common expenses. Section 718.303(1)(e) was amended in 1991 to provide that a prevailing unit owner in an action between the unit owner and the condominium association may recover, in addition to a reasonable attorney's fee, amounts necessary to reimburse the owner for assessments levied by the association to fund the expenses of litigation....

...erly incurred common expenses that can be defrayed by assessment. Thus, under the current statutory scheme, if an assessment to fund litigation was levied during the litigation, a prevailing unit owner is entitled to reimbursement of the assessment. § 718.303(1)(e)....

...However, I believe my construction of the current scheme lends support to my conclusion that under the 1987 version of the Act, the Association was without authority to enforce the judgment assessment at issue here. There is no reason to believe that the amendment to section 718.303(1)(e) was intended to provide for the reimbursement of an otherwise proper assessment....

...id not require court approval. NOTES [1] Formerly section 718.103(7), Florida Statutes (1987). [2] The 1987 version of the Condominium Act applies in this case because the special assessment was imposed in March 1988. [3] The pertinent amendments to section 718.303(1)(e) became effective January 1, 1992....

...The next question is whether the association established that it would suffer irreparable harm if the court did not enter the injunction. "When bringing an action for injunctive relief against an association, an alleged violation of chapter 718 is itself a harm for which section 718.303 authorizes injunctive relief." Mitchell v. Beach Club of Hallandale Condo. Ass'n, 17 So.3d 1265, 1267 (Fla. 4th DCA 2009) (citing Hobbs v. Weinkauf, 940 So.2d 1151, 1153 (Fla. 2d DCA 2006)). Section 718.303(1), Florida Statutes (2009), "permits a unit owner to seek injunctive relief for failure of a condominium association to comply with its rules or the Condominium Act." Id....

...shall in any manner change the appearance of any portion of the apartment building not wholly within the boundaries of his apartment. [3] § 5, Declaration of Condominium for the Sea Oats Condominium. [4] § 718.113(2) & (3), Fla. Stat. (1981). [5] § 718.303(1), Fla....

...nse because the transportation services had been provided "at a time" when the developers turned control of the association over to the residents. Thereafter, the trial court granted the Associations' motion for attorney's fees and costs pursuant to section 718.303, Florida Statutes (1989)....

...imited seating available on the transportation services. Finally, the trial court found that Florida Statutes Chapter 88-148 was not unconstitutionally vague. Thereafter, on July 16, 1993, the Associations moved for attorney's fees pursuant to *1365 section 718.303, Florida Statutes (1993)....

...ant or deny permission. The owner went ahead with construction, after which the condominium association brought this action for a mandatory injunction requiring the removal of the patio slab from the condominium elements at the owner's expense. *164 Section 718.303(1), Florida Statutes (Supp....

...The circuit court then rendered an order awarding attorney's fees to the association and the directors based on their prior offer of judgment. Di Paola and Rinko now challenge both the court's award of fees and its determination that they were not prevailing parties for purposes of attorney's fees under section 718.303, Florida Statutes (1995)....

...of Di Paola and Rinko on count IV. The court awarded them damages of $750.00, plus prejudgment interest of $284.79, for a total of $1,034.79. Di Paola and Rinko moved for an award of attorney's fees and costs on count IV, as prevailing parties under section 718.303(1), which provides for such an award in a suit between a unit owner and an association. The association and the directors sought section 718.303(1) prevailing party fees under count VI....

...For the foregoing reasons, we reverse the court's award of attorney's fees to the association and directors on count IV of the plaintiffs' amended complaint. Although not specifically stated in its order, the court apparently rejected Di Paola's and Rinko's request for attorney's fees as prevailing parties under section 718.303(1)....

...We presume it did so because it awarded attorney's fees to the association based on the offer of judgment. Because we have held the offer invalid, and ruled that it does not support an award of fees, the plaintiffs clearly are the prevailing parties on count IV for purposes of a fee award under section 718.303(1). On appeal, the association argues that the plaintiffs are not entitled to statutory fees because they failed to request them in count IV of the complaint. Di Paola and Rinko pleaded entitlement to section 718.303(1) fees in the general allegations of their complaint, but failed to incorporate the relevant paragraph into their allegations under count IV....

...the liability of the associations' directors. Each of these three sections requires more than simple negligence before personal liability for monetary damages attaches. See § 617.0834(1), Fla. Stat.(1995); [1] § 607.0831(1), Fla. Stat.(1995); [2] § 718.303(1)(d), Fla....

...constitutes: 1.[a] violation of the criminal law ...; 2.[a] transaction [where the director] derived an improper personal benefit; ... 4.[w]illful misconduct; or 5.[r]ecklessness or an act or omission which was committed in bad faith or with malicious purpose. [3] Section 718.303(1)(d), Florida Statutes (1995), provides, in part: "Actions for damages ......

...Harringtons at all. [2] The third claims that after the nonjury trial the court abused its discretion in not allowing the Association to reopen its case to present testimony on entitlement to and amount of attorneys' fees under the Condominium Act, section 718.303, Florida Statutes (1983)....

...ontrol by the unit owners, are not personally liable in that latter capacity to the association for the existence of, or the failure to correct construction defects in the condominium building which are allegedly created by the developer itself. See Section 718.303(1)(c), Florida Statutes (1981)....

...ace A... . The Hernstadts contend that the failure of the Association to at least attempt affirmatively to prevent the renovations justifies application of waiver and estoppel principles. We disagree. A Declaration of Condominium is a requirement of section 718.303(1), Florida Statutes (1985), for the governance of relationships between condominium unit owners and the condominium association....

...imited common element appurtenant to it. The arbitrator further ruled that the deck was part of the common elements and granted the Association's claim for injunctive relief as follows: D. The ASSOCIATION is entitled to injunctive relief pursuant to Section 718.303(1), Florida Statutes....

...Santa Maria filed a two-count complaint against the Association, alleging a claim for declaratory relief and requesting that the court enter an order finding that she was not required to remove the landscaping modifications. She also sought damages pursuant to section 718.303, Florida Statutes, due to her being forced to defend the landscaping modifications....

...he Association's motion. The court found that Santa Maria was entitled to maintain the decorative mulch and rocks along the limited common elements of her property. The court awarded Santa Maria prevailing party attorney's fees and costs pursuant to section 718.303, Florida Statutes, and section 30.03 of the declaration....

...Two sections of the declaration required Santa Maria to obtain written permission of the board prior to making improvements or alterations to her property or the common elements. Santa Maria was required to comply with the provisions of the declaration pursuant to its own terms and section 718.303, Florida Statutes....

...Y OWNER IN THE DEVELOPMENT TO THE BENEFITS AND PROTECTIONS THEREOF? We decline to answer the question as framed and dispose of this case by affirming that the respondent association is not an association within the meaning of sections 718.103(2) and 718.303(1), Florida Statutes (1979). The district court properly concluded that the respondent association is not liable for attorneys' fees under section 718.303(1)....

...Appellant Lake Tippecanoe Owners Association, Inc., a condominium association, sought injunctive relief against appellee Carol Hanauer for her alleged violation of condominium documents. Hanauer prevailed in this litigation and was entitled to reasonable attorney's fees pursuant to section 718.303(1)(d), Florida Statutes (1985)....

...The trial court granted the motion over the objection of the Association and reserved jurisdiction on the issue of attorney's fees and costs. Significantly, no appeal was taken from that order by the Association. Thereafter, the trial court awarded attorney's fees and costs pursuant to Section 718.303(1), Florida Statutes (1979)....

...Under no other section would a non-prevailing party, be it the government or a private consumer, be liable for attorney's fees. It is doubtful that the Legislature intended this inconsistency. I would affirm the trial court. NOTES [1] § 501.2105(1) Florida Statutes (1979); § 713.29 Florida Statutes (1979); § 718.303(1) Florida Statutes (1979)....

...William Goldstein of Goldstein & Goldstein, Jacksonville, for appellee. NIMMONS, Judge. Appellant, Park Lane Condominium Association, Inc. (the "Association"), appeals from an order denying its claim for attorneys' fees as a prevailing party under Section 718.303, Florida Statutes (1987)....

...f's case appeared to be equally divided between the injunction and the damage counts. Therefore, it would seem appropriate in this case under the circumstances presented that each party pay and be responsible for their own attorneys' fees and costs. Section 718.303(1), Florida Statutes (1987), provides in pertinent part: (1) Each unit owner and each association shall be governed by, and shall comply with the provisions of, this chapter, the declaration, the documents creating the association, and the association bylaws....

...Programs, U.S. Dep't of Labor, 843 F.2d 1053, 1057 (7th Cir.1988); Caraway v. Califano, 623 F.2d 7, 11 (6th Cir.1980). 9 Drummond next contends that the ALJ erred in finding that McClendon's death was due to pneumoconiosis within the meaning of 20 C.F.R. section 718.303. That section entitles a claimant to a rebuttable presumption that the miner's death was due to pneumoconiosis when he was employed in the mines for ten or more years and died of a respirable disease. Sec. 718.303(a)....

...shes that death was due to multiple causes, including a respirable disease, and it is not medically feasible to distinguish which disease caused death or the extent to which the respirable disease contributed to the cause of death. 11 20 C.F.R. Sec. 718.303(a)(1)....

...Among the required records are: "A current account and a monthly, bimonthly, or quarterly statement of the account for each unit designating the name of the unit owner, the due date and amount of each assessment, the amount paid upon the account, and the balance due." § 718.111(12)(a)(11)(b) (emphasis added). Section 718.303 provides, among other things, that a unit owner may bring an action for injunctive relief for failure to comply with the requirements of chapter 718. Among the actions that may be brought under this provision are actions against an association. § 718.303(1)(a)....

...We reject Grenelefe's argument that the trial court's ruling on this claim should be upheld because "no harm occurred as a result of how [the accounting records] were kept." A violation of the requirements of chapter 718 is itself a harm for which section 718.303 authorizes injunctive relief....

...(Lennar), appeals a declaratory statement issued by the Department of Business and Professional Regulation, Division of Land Sales, Condominiums and Mobile Homes (Division), ruling that a mandatory arbitration provision in a condominium purchase and sale agreement is prohibited by sections 718.111(3), 718.303 and 718.506, Florida Statutes (2002), and that the arbitration language in Lennar's agreement is void as against public policy....

...that disputes between Lennar and a condominium purchaser be resolved by binding arbitration. [1] Pursuant to section *52 120.565(1), Lennar filed a petition for declaratory statement seeking the opinion of the Division as to whether §§ 718.111(3), 718.303, and 718.506, Florida Statutes, or any other provision of Chapter 718, Florida Statutes, prohibit a mandatory and binding arbitration provision requiring mandatory and binding mediation and arbitration of disputes between a purchaser and condominium developer in a purchase agreement for a condominium unit ......

...The Division found that such an arbitration provision is prohibited. After reviewing the disputed binding arbitration language in Lennar's purchase contract, the Division ruled that it exceeded and contradicted the prescribed statutory remedies and was void as against public policy. Generally, sections 718.111(3), 718.303 and 718.506 grant a condominium purchaser causes of action for rescission or damages against a developer for the publication of false and misleading disclosures in any sales materials, authorize the condominium association or unit owner to file actions for damages or for injunctive relief or both, and grant the associations the power to bring an action on behalf of unit owners concerning matters of common interest. Further, sections 718.303(1) and 718.506(2) provide that the prevailing party in such actions is entitled to recover reasonable attorney's fees....

...I cannot agree with either of these conclusions, and therefore dissent. As to the first of the two reasons given for reversal, the majority, in my judgment, mischaracterizes the Division's dispositive ruling, which addressed only the developer's petition asking for an interpretation of whether sections 718.111(3), 718.303, and 718.506, Florida Statutes (2002), prohibit certain provisions in its proposed contract requiring mandatory mediation and binding arbitration of disputes between a purchaser of a condominium unit and the developer....

...ns of law, it is DECLARED that Lennar's proposed declaration of condominium or purchaser contract may not contain the proposed mandatory mediation and binding arbitration provisions because these provisions are inconsistent with sections 718.111(3), 718.303 and 718.506, Florida Statutes, and therefore, prohibited by section 718.104(4)(m), Florida Statutes....

...ssly states that arbitration is authorized. For example, section 718.111(3), relating to the powers of condominium associations, provides in part that an association "may ... sue or be sued with respect to the exercise or nonexercise of its powers." Section 718.303, pertaining to obligations of owners, authorizes a unit owner who prevails in any action with an association to recover reasonable attorney fees "as determined by the court." Section 718.506, precluding the developer from publishing f...

...[5] The parties do not argue, and therefore we do not address, whether under the 1996 and 1999 amendments to Florida's Administrative Procedure Act regarding the scope of agency rulemaking authority, see sections 120.52(8) and 120.536(1), sections 718.111(3), 718.303 and 718.566 provide the Division with the rule-making authority to prohibit arbitration....

...assessment against Mitchell. The complaint alleges that the Association failed to comply with its rules and with due process. Proving these allegations would invalidate the special assessment and prevent its enforcement permanently, not temporarily. Section 718.303(1), Florida Statutes, permits a unit owner to seek injunctive relief for failure of a condominium association to comply with its rules or the Condominium Act....

...Finally, the complaint shows sufficient irreparable harm in the violation of the Condominium Act to warrant injunctive relief. When bringing an action for injunctive relief against an association, an alleged violation of chapter 718 is itself a harm for which section 718.303 authorizes injunctive relief....

...For example, Florida Statutes provide that "[e]ach unit owner, . . . shall be governed by, and shall comply with the provisions of, this chapter, the declaration, the documents creating the association, and the association bylaws . . ." Florida Statute § 718.303(1)....

...Hurley of Leonard & Morrison and William Robert Leonard of the Law Offices of William Robert Leonard, Ft. Lauderdale, for appellee. KLEIN, Judge. Appellant, a condominium unit owner, appeals an order denying his motion for prevailing party attorney fees under section 718.303, Florida Statutes (1993), after the association dismissed its lawsuit to foreclose a lien....

...A hearing was later held on the plaintiff class' claim for attorneys fees. The trial court eventually entered an award of attorneys fees in the amount of $180,000 and this order is the sole subject of this appeal. The trial court awarded the plaintiff's attorneys fees on the authority of Section 718.303(1), Florida Statutes (1979), which states: 718.303 Obligations of owners....

...*473 The prevailing party is entitled to recover reasonable attorney's fees. This relief does not exclude other remedies provided by law. In other words, the trial court found that the plaintiffs, who were dwellers of condominium units, had prevailed in a suit against a "condominium association" within the meaning of Section 718.303(1). Appellant contends that the trial court erroneously construed the meaning of "association" as used in Section 718.303, and consequently, the trial court entered an award of attorneys fees that was not authorized by statute....

...that since the Association was primarily responsible for the maintenance, repair, and regulation of virtually all of the property in the Leisureville development, it necessarily follows that the Association was an "association" within the meaning of Section 718.303(1)....

...n they purchased their homes. We therefore hold that the improved lot owners did not take title to their property as "condominium" unit owners, and thus, the appellant Association was not an "association" within the meaning of Section 718.103(2) and Section 718.303(1)....

...torney's fees to the Sorrentinos. On appeal, the Sorrentinos argue that they are entitled to a reasonable attorney's fee award as the prevailing party, and that the trial court breached its discretion in failing to make an award pursuant to sections 718.303, and 163.04(3), as well as provision 18.2 of the Declaration of Condominium....

...(b) A unit owner. * * * The prevailing party in any such action or in any action in which the purchaser claims a right of voidability based upon contractual provisions as required in s. 788.503(1)(a) is entitled to recover reasonable attorney's fees. § 718.303(1), Fla....

...s entered into by the Association providing for the operation and maintenance of the condominium property or property serving the unit owners of a condominium may be cancelled by a 75% vote of the Association members. The statute further provides in section 718.303(2) that "a provision of this chapter may not be waived if the waiver would adversely affect the rights of a unit owner or the purpose of the provision......

...ion provision of section (d). That each unit owner also agreed to be bound by the provisions of the lease as a condition of membership in the Association and as part of the purchase price does not in our view eliminate the protection of the statute. Section 718.303 quite clearly prohibits waiver of any provision of the condominium act by any unit owner if it would adversely affect the purpose of the provision....

...service can be cancelled. Again, we do not think that the individual contracts between each owner and the MMF alter the analysis because no unit owner can waive the provisions of the statute if it would adversely affect the purpose of the provision. Section 718.303(2), Fla....

...Therefore the owner's joinder in the management agreements would undermine the purpose of the provision which is to allow the residents control over the maintenance and operation of their homes and property, something prohibited by the non-waiver provision of section 718.303(2)....

...ights they would have under ordinary contract law is apparent... . The developer/lessor and Master Management Firm entered into the leases and agreements with full knowledge of the cancellation provisions of 718.302 and the anti-waiver provisions of 718.303(2)....

under the statute and damages pursuant to section 718.303(l)(a). U.S. Bank filed a motion for summary

...Appellant refused to refund Wasser's deposit, and Wasser complained to the Division. At the conclusion of the administrative hearing procedure, the Division issued its final order finding that the waiver of the fifteen-day right to void was against public policy and that section 718.303(2) [1] prohibits the waiver of the said right....

...of North Carolina v. Dickinson, 286 So.2d 529, 531 (Fla. 1973). In conclusion, we hold that a condominium unit purchaser may not waive the fifteen-day voidability right. The Division's final order is AFFIRMED. BOARDMAN, A.C.J., and CAMPBELL, J., concur. NOTES [1] Section 718.303(2), Florida Statutes (1983), provides: (2) A provision of this chapter may not be waived if the waiver would adversely affect the rights of a unit owner or the purpose of the provision, except that unit owners or members of a board of...

...ovision prohibiting all children under sixteen from permanent residence, except children of transferees from an institutional first mortgagee. They also challenge the trial court's award to the Association of $24,500.00 for attorney fees pursuant to section 718.303, Florida Statutes (1983)....

...ing the award of attorney's fees. While the association is the prevailing party as to Rosso's complaint and the second count of its counterclaim, only two of the five counts in Rosso's complaint would entitle the association to attorney's fees under section 718.303, Florida Statutes (1993), and no determination has yet been made as to which party will prevail on the counterclaim for damages....

...e interest" as the highest rate of legal interest chargeable on the unpaid assessments in this case. No issue exists as to the validity of the bylaw provision, and thus the trial court did not have discretion to decline enforcement of its terms. See § 718.303, Fla.Stat....

...Forte, 397 So.2d 959 (Fla. 3d DCA), rev. denied, 408 So.2d 1092 (Fla.1981). The trial court similarly erred when it denied appellant's motion for reasonable attorney's fees notwithstanding the bylaws' express provision for the recovery of attorney's fees. See § 718.303, Fla.Stat....

...s of the Department of Business Regulation; and the Association's internal documents. The parties settled Mr. Ares's claims in mediation, and this appeal involves only the litigants' respective rights, as prevailing parties, to attorney's fees under section 718.303, Florida Statutes (1991)....

...Ares first contends that the trial court erred in confirming the master's recommendation that the Association prevailed on his demand that it produce its official records. We disagree, and affirm. Additionally, we find no error in the court's and the master's ruling that section 718.303 does not authorize attorney's fees in an action for an accounting....

...Ares prevailed on this claim, to determine the reasonable fee he is entitled to for pursuing it under section 781.303, and to enter judgment in his favor accordingly. Affirmed in part, reversed in part, and remanded. PARKER, A.C.J., and FULMER, J., concur. NOTES [1] 718.303 Obligations of owners; waiver; levy of fine against unit by association....

...rawn-out foreclosure action. Coral Key, 32 So.3d at 196; U.S. Bank Nat'l Ass'n v. Tadmore, 23 So.3d 822 (Fla. 3d DCA 2009). OneWest asserts that section 718.116(1)(b) requires the same result in this case. OneWest also relies on sections 718.115 and 718.303 of the Condominium Act....

...essments against the units in that condominium[,]" and that "Common expenses of a multicondominium association shall be funded by assessments against all unit owners in the association[.]" Fla. Stat. § 718.115(2) and (4)(a) (2010) (emphasis added). Section 718.303 provides that unit owners and associations are governed by the provisions of "[the Condominium Act], the declaration, the documents creating the association, and the association bylaws[.]" Fla. Stat. § 718.303(1) (2010). Section 718.303(1) further provides that an action for failure to comply with the Condominium Act or the declaration may be brought by "the association or by a unit owner" against the association, a unit owner, certain directors, and tenants. OneWest argues that under sections 718.115 and 718.303, the Debtor may only bring an action for surcharge against a Unit owner, not a mortgagee....

...In this case, applying section 718.116(1)(b) would shield OneWest from being surcharged even if the requirements of § 506(c) are satisfied. The Supremacy Clause dictates a contrary result. Therefore, § 506(c) preempts Florida Statutes section 718.116(1)(b). Similarly, assuming that sections 718.115 and 718.303 limit a mortgagee's liability for assessments, § 506(c) preempts any such limitation....

...Neither party addressed whether the Declaration itself, which essentially incorporates section 718.116(1)(b), prevents the Debtor from seeking to compel OneWest to pay Assessments prior to OneWest's taking title to its Units. However, the Court notes that Florida Statutes section 718.303 provides that "an action for failure to comply" with the provisions of a declaration of condominium may be brought by "the association or by a unit owner[.]" Fla. Stat. § 718.303(1)....

...Additionally, as explained below, the Court finds that § 506(c) preempts the Condominium Act. For the same reasons, assuming Chapter 720 limits the Debtor's ability to surcharge OneWest, § 506(c) preempts any such limitation. [13] Preemption aside, the Court notes that OneWest's reliance on sections 718.115 and 718.303 is misplaced....

...Because appellant Pacheco was a potential purchaser and not a unit owner, and this is not an action between unit owners and/or their condominium association for breach of statutory or contractual provisions governing such associations, we reverse the attorney's fee award on behalf of Lincoln Palace. § 718.303(1), Fla....

...gment pursuant to Florida Rule of Civil Procedure *31 1.570. [2] The association still would have been entitled to pre-offer attorney's fees upon acceptance of the offer because it would have been the prevailing party, placing it within the scope of section 718.303(1), Florida Statutes (1979)....

...to be done on an emergency basis, and that it had an adequate remedy available to it in the pending arbitration proceeding. Siegel then filed a motion for entry of judgment awarding attorney's fees and costs as the prevailing party pursuant to both section 718.303, Florida Statutes (2008), [1] and the Declaration of Condominium of Nine Island Avenue....

...Because no final determination on the merits has yet been made, [3] no prevailing party exists, and we reverse the trial court's entry of final judgment awarding attorney's fees to Siegel. Reversed and remanded for proceedings consistent with this opinion. NOTES [1] That section provides, in relevant part: 718.303....

court may dismiss the proceeding. Id. Section 718.303(1), Florida Statutes, provides a cause of action

fees and costs as the prevailing party under section 718.303(1), Florida Statutes. We affirm. Florida Rule

...The Court finds that MIC only has standing to assert this aspect of Fla. Stat. § 718.1232 on its own behalf. Comcast asserts that even if plaintiff has rights under § 718.1232, plaintiff cannot sue a cable operator because such suit is not within the purview of Fla. Stat. § 718.303(1)....

...documents creating the association, and the association bylaws. It does not, however, restrict all suits for violation of the Florida Condominium Act to these entities. E.g., Dynamic Cablevision, 498 So.2d at 635. The Court concludes that Fla. Stat. § 718.303(1) does not preclude MIC from suing to enforce its right under....

damages, costs, and attorney’s fees pursuant to section 718.303(l)(a), Florida Statutes. Bank of America alleged

...Florida's district courts of appeal have applied Folta in analyzing other "prevailing party" statutes or provisions in contracts. See, e.g., Park Lane Condominium Ass'n v. DePadua, 558 So.2d 85, 86 (Fla. 1st DCA 1990) (in determining a claim for attorneys' fees pursuant to Florida Statute § 718.303, even though "all the claims were interrelated and arose out of the same operative core of facts" attorneys' fees should be awarded to the prevailing party as to each separate claim); Consolidated Southern Security, Inc....

...However, we stated: [A] defendant is not automatically the prevailing party for the purpose of an attorney’s fee statute when a plaintiff takes a voluntary dismissal. Here, Padow cannot be a “prevailing party” within the meaning of section 718.303(1) because he paid the substantial part of the association’s claim for delinquent assessments prior to the voluntary dismissal. 3 Id....

...ting, or require the removal of such hard-surface flooring at the expense of the offending unit owner." In July 2006, Ms. Price filed a short complaint seeking injunctive relief to enforce the provisions of the declaration of condominium pursuant to section 718.303(1)(b), Florida Statutes (2006)....

injunction based on the defendants’ violation of section 718.303, Florida Statutes (2009). In an action asserting

to prevailing party attorney’s fees under section 718.303(1), Florida Statutes (2012). The Bank brought

of contractor, and 3) violation of Fla. Stat. § 718.303. Satar-sky also alleged that Diegon was liable

...ion. Symons v. Symons, 7 So. 3d 546, 547 (Fla. 3d DCA 2008). The Florida Legislature has expressly vested Florida’s circuit courts with jurisdiction to grant injunctive relief to condominium associations against unit owners and tenants. Section 718.303(1)(b),(e), Florida Statutes (2013), reads in relevant part, as follows: “Actions for ....

...(e) [a]ny tenant leasing a unit, and any other invitee occupying a unit.” (emphasis added). Petitioners argue, however, that, since they moved out of the subject unit several months after the lawsuit was filed, they are no longer a “tenant leasing a unit” as contemplated in Section 718.303(1)(e), and the circuit court is thus divested of subject matter jurisdiction over the plaintiff’s injunction claim against them. Petitioners, though, concede that, at the time the lawsuit was “brought” by the association, they were, indeed, occupying the unit....

consideration of a request for attorney’s fees under section 718.303(1), *1232Florida Statutes (1977), should appellant

of those rights,” something prohibited by section 718.303(2), Florida Statutes, and Ainslie at Century

for the prosecution of the entire case under section 718.303(1), Florida Statutes (1987).1 In our view,

a ‘prevailing party’ within the meaning of section 718.303(1) because he paid the substantial part of

recover reasonable attorney’s fees Fla. Stat. § 718.303(1). Neither side has cited, and the Court has

for attorney’s fees and costs pursuant to section 718.303(1), Florida Statutes (2018), and the condominium

to fulfill its obligation to repair. See § 718.303(1); Legakis [v. Loumpos, 40 So. 3d 901,

...n in cases of fraud. Section 718.506 is a remedial statute. The Florida Condominium Act states, "A provision of this chapter [718] may not be waived if the waiver would adversely affect the rights of a unit owner or the purpose of the provision...." § 718.303(2), Fla....

fees and costs as the prevailing party under section 718.303, Florida Statutes. Both sides appeal. The Association

Decoplage’s Declaration of Condominium and section 718.303(1), Florida Statute (2019). The trial court

award of fees pursuant to the Declaration and section 718.303(1), Florida Statutes. The Association opposed

...in its award of attorney’s fees. The Original Complaint for Injunctive Relief In November of 2010, Environ Towers I Condominium Association, Inc. sued unit owners Virginia and Holly Hokenstrom for injunctive relief pursuant to section 718.303, Florida Statutes (2010)....

...The Association proceeded against Holly because she did not meet the 55+ age requirement contained in the Declaration of Condominium. The Association’s prayer for relief sought an order directing Holly to vacate the unit. Also, the Association sought attorney’s fees under Article 20 of the Declaration and section 718.303....

...“on the issue of contempt” and vacated the July 2013 fee order in its entirety. After a hearing, the trial court awarded the Hokenstroms $41,529.50 in attorney’s fees from the Association. Discussion Both section 718.303 and Article 20 of the Declaration permit the award of attorney’s fees to the different prevailing parties in the injunction action and the contempt action. Section 718.303(1) states that the “prevailing party” in an action “for injunctive relief” is “entitled to recover reasonable attorney’s fees.” An injunction is typically enforced by contempt....

...See, e.g., Fernandez v. Kellner, 55 So. 2d 793, 794 (Fla. 1952) (stating “[t]hat the court had the power and authority to punish as for a contempt the willful violation of its injunctive order cannot be questioned”); see Fla. R. Civ. P. 1.570(c). We therefore read section 718.303’s reference to an action “for injunctive relief” as necessarily 3 including contempt proceedings seeking to enforce an injunction....

attorney’s fees and costs pursuant to Florida Statute §718.303 and/or the Declaration of Condominium

Plaintiffs’ standing under Florida Statutes section 718.303(1) (2016) (allowing actions by both “the association

So. 3d 1037, 1039 (Fla. 2d DCA 2015). Section 718.303(1), Florida Statutes (2008), authorizes the

attorney fees as a prevailing party under section 718.303, Florida Statutes (2015), after the plaintiff

attorney’s fees under the condominium statute. See § 718.303, Fla. Stat. (1997). Counsel for The Decoplage

may be awarded by the court. Additionally, section 718.303(1), Florida Statutes (1991) provides: *238Each

appeal was dispositive on the issue; and (2) section 718.303(1), 1 We issued a per curiam affirmance in

Sylvia Bialer attorney’s fees pursuant to section 718.303, Florida Statutes (1991). We agree and reverse

Fees Additionally, in accordance with section 718.303, Florida Statutes (2019), we grant the Flints’

attorney’s fees to Brickell Bay pursuant to section 718.303, Florida Statutes (1987), and remanded to the

became effective in 2006. The Condominium Act, Section 718.303, Florida Statutes, was amended in 2010 to

Association members. The statute further provides in section 718.-303(2) that “a provision of this chapter may not

award attorney’s fees on the premise that section 718.303, Florida Statutes (1981), did not contemplate

subject to the provisions of this chapter.”); § 718.303(2), Fla. Stat. (“A provision of this chapter

were not entitled to such fees pursuant to section 718.303, Florida Statutes (1983), not because of mootness

for attorney’s fees and costs pursuant to section 718.303(1), Florida Statutes (2018), and the condominium

award of attorney fees, which was based on section 718.303(1), Florida Statutes, and the cost award. See

entitled to reasonable attorney fees pursuant to Section 718.-303, Florida Statutes. Appellants’ answer specifically

complaint alleged, inter alia, that Fox violated section 718.303, Florida Statutes (2015), by failing to comply

that they were entitled to fees under both section 718.303(1), Florida Statutes (1995) and appellant South

disregard of human rights, safety, or property”); § 718.303(1)(d) (allowing actions at law or equity against

...nd denied injunctive relief. Injunctive relief is specifically authorized by statute in cases brought by unit owners against condominium associations for their failure to perform obligations as required by the condominium documents. § 718.303(1), Fla....

...have established that they possess a clear legal right to have the Association repair the slab. The second element a movant must establish for a mandatory injunction is that irreparable harm is threatened. Legakis, 40 So. 3d at 903; Shaw, 949 So. 2d at 1069. Under section 718.303(1), the requirement of irreparable harm is satisfied when a violation of chapter 718 is shown....

...award would be an adequate remedy for the Association's ongoing failure to properly and timely address the problem. Thus, because of the Association's failure to perform, an injunction is warranted to compel the Association to fulfill its obligation to repair. See § 718.303(1); Legakis, 40 So....

...LUCAS, Judge, Concurring specially. I concur with the decision to reverse the circuit court's order but write separately because I believe mandatory injunctive relief—and all that it will entail—is warranted here only because section 718.303(1), Florida Statutes (2011), authorizes this extraordinary civil remedy in cases such as this one. From the record it appears that the Amelios have suffered some degree of moisture intrusion in their condominium unit...

...2d 944, 950 (Fla. 4th DCA 2003))). However, as the majority correctly notes, the Association is required under a recorded condominium declaration to repair the floor slab as part of its common maintenance obligations. Furthermore, section 718.303(1) expressly provides condominium owners such as the Amelios with an avenue to obtain injunctive relief against a condominium association for violations of recorded condominium declarations. With that recorded obligation and statut...

...hich the Amelios are incapable of remedying, the circuit court's denial of injunctive relief was improper. See Hobbs v. Weinkauf, 940 So. 2d 1151, 1153 (Fla. 2d DCA 2006) ("A violation of the requirements of chapter 718 is itself a harm for which section 718.303 authorizes injunctive relief. The statute requires no additional showing of harm."). The Association raises a valid point about the rare and extraordinary nature of mandatory injunctive relief that bears repeating....

sued the Association for damages pursuant to section 718.303, Florida Statutes (2010), negligence, and injunctive

became a prevailing party within the meaning of section 718.303(1) when, following the dismissal of the original

counts for civil conspiracy, violation of section 718.303, Florida Statutes, breach of fiduciary duty

final summary judgment in favor of appellee); § 718.303(1), Fla. Stat. (2024) (providing in pertinent

prevailing party, placing it within the scope of section 718.303(1), Florida Statutes (1979).” The distinction

entitlement to fees and costs pursuant to Section 718.303(1), Florida Statutes (2024), and Article XXXI

Ac-cessways and Recreational Land Use agreements. § 718.303, Fla. Stat. (2004). It is fundamental that the

therefore, entitled to attorney’s fees pursuant to section 718.303(1), Florida Statutes (1983). This record demonstrates

against the Association was alleged to be section 718.303, Florida Statutes (2007). The case proceeded

pneumoconiosis within the meaning of 20 C.F.R. section 718.303. That section entitles a claimant to a rebut-table

Chapter 84-368, Laws of Florida, 1984, creates section 718.303(3), Florida Statutes, effective October 1,

provisions in these documents, pursuant to section 718.303(1), Florida Statutes (2005), neither provision

statutory basis identified in the motion is section 718.303, Florida Statutes, which relates to condominium

Florida Condominium Act. See § 718.303(1)(a), Fla. Stat. (2023) (“Actions at law or in

pursuant to both the condominium agreement and section 718.303(1), Florida Statutes (1995), *1260based on

‘prevailing party’ within the meaning of section 718.303(1) [of the Florida Statutes] because he paid

standing to bring the action. We disagree. Section 718.303, Florida Statutes (1993), provides in part:

entitlement to attorney’s fees pursuant to section 718.303, Florida Statutes (1993). On a motion made

entitled to an award of attorney’s fees under Section 718.303(1), Florida Statutes (1989); we accordingly

buyer’s waiving the fifteen-day right to void. Section 718.303(2), Florida Statutes, provides, “A provision

of chapter 718 is itself a harm for which section 718.303[ 5] authorizes injunctive relief.”). 3 Irreparable

PER CURIAM. Affirmed. § 718.303, Fla.Stat. (1977); Cuna Mutual Insurance Society v. Adamides, 334 So

litigating after alternative dispute resolution); section 718.303, Florida Statutes (2014) (fee award for prevailing

government created by the Condominium Act. Section 718.303(1), Florida Statutes (2017), implements checks