Homeowners Assoc. of Overlook, Inc. v. Seabrooke Homeowners Assoc., Inc.

In this dispute between a master homeowners association and a sub homeowners association, the Second DCA provided its interpretation of the requirements for a Homeowners Association to bring a lawsuit as a class representative for the members of the association pursuant to Florida Rule of Civil Procedure 1.221.

The sole requirement for the bundling of a class is that the members of the association have a common interest regarding the common elements of the property. § 720.303(1); Fla. R. Civ. P. 1.221; Graves v. Ciega Verde Condo. Ass’n, 703 So. 2d 1109, 1111 (Fla. 2d DCA 1997).

Accordingly, the Plaintiff, a sub association, could proceed with its claims for Declaratory Judgment as class representative of the members of the Association.  The Plaintiff had also attempted to bring two other claims (1) for relief from a 2006 judgment under Fla. R. Civ. P. 1.540(b) and (2) for relief from the 2006 judgment for failure to include the Plaintiff as an indispensable party.  The Second DCA upheld the dismissal of those two claims without comment.

Homeowners Assoc. of Overlook, Inc. v. Seabrooke Homeowners Assoc., Inc., Case No. 2D10-277 (Fla. 2d DCA April 29, 2011).