A recent decision by the Fourth District Court of Appeal found that a homeowners association’s governing documents and declaration of covenants overrode existing Florida law assigning liability to new unit owners for the association’s past-due assessment debts incurred by previous owners.
In the case of Pudlit 2 Joint Venture v. Westwood Gardens HOA, Pudlit had acquired two lots in the Westwood Gardens community via foreclosure, for which the association demanded payment for the past-due assessments that had accrued while Pudlit held the titles to the properties as well as all assessments due from the prior owner, as stipulated under Florida law.
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