5D02-728 Larson v. Eagles Nest

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-728

Case Date: 04/28/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2003

DONALD J. LARSON, ET AL., Appellants, v. EAGLES NEST HOMEOWNERS ASSOCIATION, INC., ETC.,, Appellee. / Opinion Filed May 2, 2003 Appeal from the Circuit Court for Putnam County, A. W. Nichols, III, Judge. Chris Alan Draper, of Becker & Poliakoff, P.A., Maitland, for Appellants. William L. Townsend, Jr., Walton & Townsend, P.A., Palatka, for Appellee. GRIFFIN, J. This is the appeal of an order granting summary final judgment arising out of a homeowners' association lien foreclosure suit. Plaintiff below, Eagles Nest Homeowners Association, Inc. ["Association"], filed separate complaints for lien foreclosure against defendants below, Donald J. Larson; David S. Garber; Robert and Patricia Mather; John and Jean Snead; and Bernard and Christine Rouschal ["Homeowners"]. The Association alleged their refusal to pay the full amount of assessments due pursuant to the Amended Rule Governing Rates and Methods of Collection CASE NO. 5D02-728

of Dues and Other Special Assessments ["the Rule"]. Attached to the complaint was the Rule, claim of lien and notice of lis pendens. The Rule states in relevant part: Pursuant to the Grant of Authority under Articles IX and X of the Articles of Incorporation of the [Association], and Article V, Section II, Bylaws of the [Association]1 . . . the Board of Directors . . . hereby adopts this Rule for the Collection of Dues and Assessments: 1. This Rule shall apply to all lands subject, currently or in the future, to Covenants and Restrictions recorded in [public records]. 2. Nothing in this Rule shall purport to change the method of determining the amount of maintenance dues or special assessments as determined by chapter 617, Florida Statutes,2 the Articles of Incorporation or the Bylaws as set forth above; and this rule shall apply only to collection of maintenance dues and special or other assessments. 3. Maintenance dues in the amount of onefourth (1/4) of the annual assessment shall be due quarterly, beginning with January 1, 1999, and continuing thereafter to be due on the first day of April, July, and October for so long as this rule shall remain unmodified. Special or other Assessments shall be due on such date as directed by the proceedings adopting them, and if unpaid by such date, shall be collected as set out below. All such Maintenance Dues or Assessments of whatever kind shall be called "Assessments" in this rule hereinafter. The remaining provisions detail the proper lien procedure for unpaid assessments. The claim

These documents granting assessment and lien authority to the Association have not been included in the record.
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