A Florida court recently ruled on a significant case involving attorney's fees in a dispute between a homeowner and a homeowners association (HOA). The case, Jose P. Font v. The Homes at Sheridan Ocean Club Homeowners Association, Inc., was decided by the District Court of Appeal of Florida on July 15, 2026. This ruling affects how attorney's fees are awarded in similar cases across the state.
The dispute arose when Jose P. Font, the appellant, challenged a final judgment that awarded attorney's fees, costs, and interest to the Homes at Sheridan Ocean Club Homeowners Association. The court's decision is important because it clarifies the conditions under which attorney's fees can be awarded in homeowner association disputes, particularly regarding fees incurred in litigating the amount of those fees.
The parties involved in this case are Jose P. Font, a homeowner, and the Homes at Sheridan Ocean Club Homeowners Association, a Florida not-for-profit corporation. The conflict began when the association sought to enforce its Declaration and related documents against Font. The case was initially heard in the Circuit Court for the Seventeenth Judicial Circuit in Broward County, where Judge Daniel A. Casey presided over the proceedings. Font appealed the judgment, raising several issues related to the award of attorney's fees.
In the appeal, Font raised five issues, but the court affirmed four of them without further comment. The only issue the court addressed in detail was the award of attorney's fees incurred in litigating the amount of fees. The court ruled that the Declaration did not permit such an award. The judges involved in this decision were GROSS, MAY, and LEVINE, who concurred in the opinion.
The court's ruling emphasized that the general rule in Florida is that attorney's fees may not be awarded for litigating the amount of the fees. The opinion stated, "The general rule in Florida is that attorney’s fees may not be awarded for litigating the amount of the fees." The court noted that Florida courts have allowed awards for fees incurred in litigating fees only in limited contexts, specifically when a contract is broad enough to encompass such an award.
In this case, the court found that the language in the Declaration was not broad enough to allow for an award of attorney's fees for litigating the amount of fees. The court pointed out that the relevant provision in the Declaration was more limited than similar provisions in other cases, which had been found to allow for such awards. The court specifically noted that the phrase "pursuant hereto" limited the attorney's fees award to actions brought under the Declaration's authority for enforcement.
The impact of this ruling is significant for homeowners and associations in Florida. It clarifies that associations cannot automatically recover attorney's fees incurred in disputes over the amount of those fees unless the governing documents explicitly allow for such awards. This decision may lead to more cautious drafting of HOA governing documents and could affect how associations approach litigation involving fee disputes.
Going forward, this ruling sets a precedent that may influence future cases involving attorney's fees in homeowner association disputes. Homeowners and associations alike will need to carefully consider the language in their governing documents to ensure that they understand the implications regarding attorney's fees. The court's decision reinforces the need for clarity in contractual language, particularly in the context of fee awards.
As for what’s next, it is unclear whether the ruling will be appealed further. The court noted that the decision is not final until the disposition of any timely-filed motion for rehearing. Details were not available in the court filing regarding any related cases pending.