Legal Question in Landlord & Tenant Law in Florida

Our gated community brags about "24 hr security" on their website. Security was unaware that 50 ft of the perimeter fence was down allowing wild pigs to enter. They only inspect the fence once every 30 days, which means that the condition of the fence is not known for 353 days of the year. The wild pigs caused $1300 worth of damage to our lawn and also damage elsewhere within the community. The HOA refuses to compensate us for the damage, saying that they are not responsible for damage by wild animals (although the reason wild pigs got in was a broken fence the Security knew nothing about despite claims of 24 hr security). Can this case be won in court and would the court make teh HOA pay ALL legal fees? This happened in Ponte Vedra Beach, Florida.


Asked on 1/04/17, 2:43 pm

1 Answer from Attorneys
Barry Kaufman The Law Office of Barry W. Kaufman

Nobody is going to tell you the case can be won. No attorney can guarantee what a judge or jury might do. You should seek the services of an attorney who is knowledgeable about HOA agreements and covenants. If there is a contractual or statutory provision that provides for the prevailing party to recover attorney's fees, you may be able to recover your attorney's fees. Certain costs are recoverable. You should probably expect to pay an attorney about $5 grand to take your case, and that's for starters.

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Answered on 1/04/17, 2:50 pm


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