Attorney's fees

Common Elements summary — Section 718.125 is the fee-shifting statute that drives almost every condo dispute. If a unit owner or the association sues to enforce the declaration, bylaws, or chapter 718, the prevailing party is entitled to recover reasonable attorney's fees and costs from the non-prevailing party. The right is mandatory once prevailing-party status is established, not discretionary. The practical consequences are massive: (1) a board that wins an enforcement action against a defaulting owner recovers fees — but a board that loses pays the owner's fees; (2) a unit owner who successfully challenges a board action recovers fees — which is why pro-se owners with strong claims attract aggressive plaintiff's counsel; (3) settlements almost always carry a fee clause negotiated against this baseline. For boards: never file an enforcement action you're not confident you'll win. The asymmetric risk of a fee award against the association swamps the underlying dispute. Send the demand letter, exhaust pre-suit mediation under 718.1255, then file only with counsel's written sign-off that the case is a winner.

Not legal advice. Click through to the official source for statutory text.