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
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