Avatar v. Gundel: Impacting Developers and Homeowner Association Law Across the State of Florida

Document Type

Article

Publication Title

Avatar v. Gundel: Impacting Developers and Homeowner Association Law Across the State of Florida

Abstract

This Case Comment argues that Avatar’s collection of Club Membership Fees does not violate section 720.308 of the Florida Statutes, and advises that clubs that operate private facilities should be kept separate from homeowners’ associations.

Part I of this Comment provides a background of the relevant facts of the case.

Part II of this Comment is a brief discussion of Chapter 720.

Next, this Comment will review the trial court’s decision in the class action lawsuit. This Comment will also discuss the Sixth District Court of Appeal’s de novo review of the case.

In Part IV, this Comment will then argue that the Sixth District Court of Appeal erred in deciding that Avatar collected fees in violation of section 720.308 of the Florida Statutes. This Comment will argue that Chapter 720.308 does not apply to commercial property and that the Club for which Avatar collected fees was commercial property.

Further, this Comment will argue that even if the statute did apply to the Club Membership Fees collected by Avatar, the limitation on expenses does not apply to the profit and expenses of a for-profit club owner.

This Comment will also discuss some of the implications of the Sixth District Court of Appeal’s decision.

Finally, in light of these implications, this Comment will conclude that fees due to clubs such as the one operated by Avatar, should always be billed and kept separate from assessment’s due to homeowners’ associations.

First Page

80

Last Page

97

Publication Date

2023

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