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Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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An HOA is being sued by a member for lawyer fees in small claims

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An HOA is being sued by a member for lawyer fees in small claims court in Florida.

The fees occurred 14 months ago and the plaintiff's lawyer and our lawyer came to an agreement. The the current plaintiff backed out of the negotiated agreement and released their attorney and are now suing for recovery of fees.
1) Are we responsible for these fees?
2) Can we counter claim for our attorney fees at the same hearing?

Kirk Adams :

Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

Kirk Adams :

Did you sign a settlement agreement?


The settlement was agreed to by their attorney and ours and sent however the plaintiff backed out and refused to sign it.

Kirk Adams :

Ok. Thanks.

Kirk Adams :

Unless there is a contractual agreement to pay attorney's fees, or a specific statutory provisions, then it is very unlikely that the court will award attorney's fees to either party.

Kirk Adams :

That said, there's nothing that prevents you from seeking attorney's fees from this member.

Kirk Adams :

You can file a request just as the other party and ask the court for the same relief.

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