2024-3192 — Peter Mineo and Diane Mineo v. Minh Binh Do and Mindy Hang Nguyen

The Fourth District Court of Appeal affirmed a trial court's dismissal of a homeowner lawsuit for lack of standing, holding that the plaintiff failed to comply with statutory pre-suit requirements for derivative actions.

The court held that Section 720.305, Florida Statutes, which grants HOA members the right to sue for noncompliance with governing documents, does not eliminate the requirement to comply with Section 617.07401's pre-suit procedures when the substance of a claim is derivative in nature. A derivative action is one where the injury is suffered by the HOA as a whole rather than by an individual member. Section 617.07401 requires a written demand on the board and a ninety-day waiting period before suit may be filed, unless irreparable injury would result. The court read Chapters 720 and 617 in pari materia, applying the corporation-law derivative action requirements to HOA member suits.

Homeowners associations incorporated under Chapter 617, Florida Statutes, and their members bringing suit under Section 720.305.

Decision issued May 6, 2026; no effective date applicable as this is a court ruling on existing statutory interpretation.