Published June 1, 2015

A Florida appeals court ruled Wednesday that a homeowners' association's governing documents, not a state law, should control a dispute over whether a previous or current owner should pay past-due association fees.

Florida's Fourth District Court of Appeal reversed summary judgment against Pudlit 2 Joint Venture LLP, which owns two properties governed by Westwood Gardens Homeowners Association Inc. A three-judge panel ruled that a provision in the association's documents putting the onus on a prior owner for unpaid assessments takes precedence over state law. The trial court's reliance on section 720.3085(2)(b) rather than the provisions of the declaration violated appellant's right against the impairment of contract, where appellant was a third-party beneficiary of the declaration. Based on the plain, unambiguous language of the declaration, absolving a successor in title from any liability for assessments that accrued prior to the successor's acquisition of title, appellant was not liable for the unpaid assessments demanded by the association.
 

For full court ruling please click here:
PUDLIT JOINT VENTURE LLP v. WESTWOOD GARDENS HOMEOWNERS ASSOCIATION INC