Barry Haught and Whitburn, LLC v. Eagle Palms Homeowners Association, Inc.
The Second District held that a homeowners' association may both foreclose an assessment lien and pursue a money judgment for the same unpaid assessments, rejecting an election-of-remedies reading of a declaration provision using the word 'or.' Reading the declaration as a whole — including its creation of both a continuing lien and a personal obligation, its plural 'Remedies' heading, and its broad enforcement article — the court found no conflict with section 720.3085(1)(c) and affirmed the damages judgment against successor owners. Judge Atkinson dissented, arguing the disjunctive 'or' in a permissive remedies provision requires an election.
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