A homeowner's association is facing a lawsuit over alleged negligence that resulted in significant property damage. Sandra Berry filed a complaint against Hidden Bay Villas Association, Inc. in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida on July 31, 2024.
According to the complaint, Berry returned to her home at 7310 Sunshine Skyway Lane S., Unit 118, St. Petersburg, FL on August 5, 2022, only to find extensive damage caused by a sewage backup from the common elements maintained by Hidden Bay Villas Association. The plaintiff asserts that the defendant negligently failed to maintain and repair these common elements, leading directly to the damages sustained.
Berry claims that despite notifying Hidden Bay Villas Association immediately after discovering the damage, the association did not take prompt action to address or repair the issues. She argues that this failure constitutes negligence and a breach of their contractual obligations under both the Declaration of Condominium and Florida Statutes §§718.111(3) and (4), as well as §718.303.
The lawsuit includes multiple counts: negligence, res ipsa loquitur (a doctrine allowing negligence to be inferred from the mere occurrence of certain types of accidents), breach of contract, and breach of fiduciary duty. In her claim for negligence, Berry states that Hidden Bay Villas Association had a duty to exercise reasonable care in maintaining and repairing common elements but failed to do so. This failure allegedly led directly to her property damage.
In addition to seeking damages exceeding $50,000 exclusive of prejudgment interest, attorneys' fees, and costs, Berry demands judgment for all damages incurred due to Hidden Bay Villas Association's negligence. She also seeks attorney's fees and costs pursuant to various Florida statutes and demands a trial by jury.
The attorneys representing Sandra Berry are Patrick Zurita and Daniel Gutierrez from Daniel Gutierrez P.A., while the case is presided over by Judge Ken Burke under Case Number: 24-003416-CI.