If I Win A Lawsuit Against The Association Can I Recover Attorney Fees And Assessment Fees That I Paid The Association To Defend The Lawsuit?

Yes the prevailing party in a suite between an Association and the members is typically entitled to their attorney’s fees when they win.

Now, there’s usually statutory provisions that allow this and at the same time your condominium documents such as the declaration that will have a provision that says in a suite between the Association and the member, the prevailing party gets their fees. Fairly recently Florida amended its statute to allow the homeowner who wins in a suit against their Association to also recover that portion of their assessments and particularly any special assessment that was used to raise money for legal fees for that lawsuit.