Kyle Berglin and Justin DiBiasio, Attorneys in our Miami office prevailed in Circuit Court at the Motion to Dismiss stage against a homeowner suing an association for breach of contract.

Kyle Berglin and Justin DiBiasio, Attorneys in our Miami office prevailed in Circuit Court at the Motion to Dismiss stage against a homeowner suing an association for breach of contract.  Allegedly, the association had breached the provisions of recently amended governing documents by not permitting the owner to rent his lot multiple times per year.  However, in addition to asserting claims based on a specious reading of the declaration, the claimant failed to meet statutory pre-suit mediation requirements.  The suit was dismissed, and the claimant agreed to a walk-away settlement rather than challenging that ruling on appeal.