Can You Sue Individual Board Members of Your Condominium or Homeowner Association in Florida?

Yes but it is unlikely you will win, particularly in the Fourth District Court of Appeal.

Back in 2006, a rather dramatic homeowner versus association battle was partially resolved in Berg v. Briddle Path Homeowners Association where the court addressed director and officer statutory immunity under the homeowner statute, Florida Statute Chapter 617.

The same issue arose, but was confronted more directly, in the recent case of Stephen and Marjorie Raphael v. Beach Point Condominium Association (Stevenson, Polen, and Gerber).  In this case, the condo owners were upset that balcony dividers were replaced with transparent dividers, thus reducing their privacy while allegedly improving other condo owners’ view.

To sue the condo board members directly, the plaintiff had to allege that there was fraud, criminal activity or self-dealing in order to overcome the directors’ statutory immunity in Florida Statute 607.831(1) and 617.0834(1).

The Panel held that there was no self-dealing or personal benefit simply because the board members voted for and approved alternations or improvements to the common areas which they, as owners, also enjoyed.

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