Case Conclusion Date:January 1, 2006
Practice Area:Real Estate
Outcome:Petitioner prevailed on appeal.
Description:A homeowner brought an action against a property manager that was under contract with his homeowner's association. The homeowner (Rao) sued for breach of that contract and negligence. The Circuit Court, Hillsborough County, Perry A. Little, J. granted judgment in favor of homeowner. The manager appealed, and the District Court of Appeal (Judge Altenbernd) held that: (1) homeowner was not third-party beneficiary of contract; (2) manager was not within statutory definition of homeowners' association; (3) manager was not negligent in maintaining association's records; and (4) manager owed no fiduciary duty to homeowner.