ZOKAITES PROPERTIES LP v. TALAVERA ASSOCIATION INC (2022)

Affirmed.

Appellant, who purchased property in a development governed by the appellee homeowners’ association, sued the association for denying it access to its property. The trial court dismissed the action, because appellant had not complied with section 720.311, Florida Statutes (2021), which requires presuit mediation of certain disputes between a homeowners’ association and a parcel owner. I would hold that the statute does not apply to the claim made by appellant. The statute applies to “[d]isputes between an association and a parcel owner regarding use of or changes to the parcel or the common areas and other covenant enforcement disputes[.]” § 720.311(2)(a), Fla. Stat. (2021). Access to the parcel does not involve use or changes to the parcel or covenant enforcement issues. Recognizing that an association should not bar access, section 720.305(2)(a), Florida Statutes (2021), provides that an association may not prohibit an owner's access to a parcel for violation of the declarations, by-laws, or rules of the association. Therefore, I dissent from the affirmance of the order of dismissal.

Per Curiam.

May and Ciklin, JJ., concur. Warner, J., dissents with opinion.