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.
Key facts
- Eagle Palms Homeowners Association obtained a 2014 foreclosure judgment against the owners of a Riverview townhome for unpaid assessments; the foreclosure sale was delayed by the owners' bankruptcy and finally occurred in August 2015.
- In February 2015, before the sale, Barry Haught paid the owners $1,000 for the property and took a quitclaim deed to 'Hollagher Group LLC, as Trustee only' under a land trust; he and his partners then leased the townhome and collected rent without paying any accrued assessments.
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Holdings
- Section 720.3085(1)(c) expressly permits an association to foreclose an assessment lien and 'also' bring an action to recover a money judgment for the unpaid assessments without waiving any…
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Why it matters
This decision gives Florida community associations a clear green light to pursue parallel remedies — lien foreclosure and a money judgment — for the same delinquent assessments, and to reach successor owners who acquire… — full analysis with a trial
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