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Common Elements is not a law firm and does not provide legal services. Plain-English summaries, topic guides, and synced statutory text help you find the right citation faster. Always confirm the current official version on the official leg.state.fl.us (statutes) or flrules.org (administrative rules) before relying on any citation.
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Fla. Stat. § 718.125
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. Statute reference is for education only. Confirm citations on official sources and consult a Florida attorney for your situation.
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Reference only. Not legal advice. Verify current text at the official state legislature website before citing. Printed from Common Elements (October 12, 2026).
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