Villages of Palm Beach Lakes Property Owners' Association, Inc. v. Shoyfer
An HOA sued a lot owner for unpaid assessments; the owner paid the assessment and nearly all interest post-suit, and the association voluntarily dismissed but sought prevailing party fees under section 720.305(1). The county court denied fees, reasoning suit was unnecessary because the owner had repeatedly offered the full amount sued for. The Fourth District reversed, holding that under section 720.3085(3)(b) the association was entitled to demand its collection attorney's fees as part of full resolution, so a pre-suit tender omitting those fees did not resolve the debt, and the association remained prevailing party despite its voluntary dismissal.
Key facts
- Villages of Palm Beach Lakes Property Owners' Association sued lot owner Shoyfer for unpaid assessments; the owner paid the assessment and nearly all accrued interest after suit was filed, and the association voluntarily dismissed.
- The county court denied the association's request for prevailing party attorney's fees, finding the suit was unnecessary because the owner had made a pre-suit tender of the full assessment and interest amount.
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Why it matters
This decision gives community associations a concrete statutory basis (section 720.3085(3)(b)) for refusing an owner's tender of principal-and-interest-only and still recovering prevailing party fees after a voluntary… — full analysis with a trial
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