Janvier Villars v. Buckley Towers Condominium, Inc.
The Third DCA affirmed a default final judgment foreclosing a condominium association assessment lien. Because Villars failed to file a responsive pleading, the parties received notice and an opportunity to be heard, and the Association proved the outstanding assessments by affidavit, the court found no reversible error.
Key facts
- Buckley Towers Condominium, Inc. sued unit owner Janvier Villars to foreclose a lien for past-due condominium association assessments.
- Villars failed to file a responsive pleading to the complaint, instead filing numerous non-responsive motions.
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Holdings
- Under Florida Rule of Civil Procedure 1.500(b), trial courts may enter a default against a party who fails to plead or otherwise defend, including parties who engage in dilatory practices…
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Why it matters
The decision reaffirms that condominium and homeowners' associations may obtain default foreclosure judgments against unit owners who file non-responsive motions rather than proper responsive pleadings, provided due… — full analysis with a trial
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