SIENNA RIDGE HOMEOWNERS' ASSOCIATION, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, APPELLANT,
v.
ASIA PACIFIC SOVEREIGN FUND, LLC, A FLORIDA LIMITED LIABILITY COMPANY, ET AL., APPELLEE
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The court reversed the trial court's order compelling a homeowners' association to honor a foreclosure judgment by calculating unpaid assessments, holding that a third-party purchaser at foreclosure must pursue an independent action rather than seek post-judgment intervention to resolve disputed assessment amounts.
A third-party purchaser at a foreclosure sale cannot use a motion to compel to force a homeowners' association to calculate unpaid assessments; instead, the purchaser must file an independent action to resolve the disputed amount.
[1] A third-party purchaser at a foreclosure sale seeking to determine the amount of unpaid homeowners' association assessments must file an independent action rather than mo…
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Join FLexlaw to unlock all legal intelligenceA homeowners' association challenged a trial court order granting a motion to compel it to honor a foreclosure judgment by calculating unpaid assessme…
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On Motion for Rehearing.
We grant the motion for rehearing, accept the transcript of proceedings, withdraw our prior opinion, and issue the following in its place.
Appellant, a homeowners’ association, challenges the trial court’s order granting a motion to compel appellant “to honor final judgment” of foreclosure. The motion was brought by appellee, a third-party purchaser at the foreclosure sale, in an attempt to resolve the amount of money due to appellant for unpaid assessments and fees for collection. Appellee did not move to intervene in the proceedings, nor can we say that the appellee was enforcing *1056the final judgment when it merely requested of the appellant an amount of unpaid assessments for which the third-party purchaser would be liable. Even if appellee had filed a motion to intervene, post-judgment intervention is extraordinary and disfavored. See PS Capital, LLC v. Palm Springs Town Homes, LLC, 9 So.3d 643, 645 (Fla. 3d DCA 2009). The appropriate way to resolve this issue, given the impasse between the parties as to the amount, was to file an independent action. See, e.g., E. Cnty. Water Control Dist. v. Lee Cnty., 884 So.2d 93, 93-95 (Fla. 2d DCA 2004).
Reversed.
WARNER, GROSS and LEVINE, JJ., concur.
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Citator
Cited By
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Citation WAY Condo. Ass'n, Inc. v. Wells Fargo Bank, N.A., 172 So. 3d 558 (Fla. 4th DCA 2015)…ion. This appeal follows. On appeal, the Association argues that the trial court lacked jurisdiction to adjudicate this new dispute, and that pursuant to our holding in Sienna Ridge Homeowners’ Association, Inc. v. Asia Pacific Sovereign Fund, LLC, 134 So. 3d 1055 (Fla. 4th DCA 2013), the filing of a separate independent action was required to resolve the issue of unpaid assessments. See id. at 1056 (holding that an independent action is the proper way to litigate the issue of assessments due from a third-par…
Authorities Cited
- PS Cap., LLC v. Palm Springs Town Homes, LLC, 9 So. 3d 643 (Fla. 3d DCA 2009)
- E. Cnty. Water Control Dist. v. LEE Cnty., 884 So. 2d 93 (Fla. 2d DCA 2004)