TWARLA M. HILL
v.
TOWN PARK VILLAGE NO. 1, INC.
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A homeowners association may issue notice and sue for eviction under Florida's landlord-tenant statutes when a tenant fails to pay required payments to the association after written demand.
[1] A homeowners association may pursue eviction against a tenant for nonpayment of required assessments by exercising the same remedies available to landlords under Florida'…
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Join FLexlaw to unlock all legal intelligence“The association may issue notice under s. 83.56 and sue for eviction under ss. 83.59-83.625 as if the association were a landlord under part II of chapter 83 if the tenant fails to pay a required payment to the association after written demand has been made to the tenant.”
Florida Statute § 719.108(10)(d) (2025), cited as the basis for the association's eviction authority
Twarla M. Hill appealed a judgment from Miami-Dade County Court involving Town Park Village No. 1, Inc., a homeowners association. The case involved t…
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Third District Court of Appeal
State of Florida
Opinion filed August 13, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D25-1847
Lower Tribunal No. 24-227496-CC-05
Twarla M. Hill,
Appellant,
vs.
Town Park Village No. 1, Inc.,
Appellee.
An Appeal from the County Court for Miami-Dade County, Michael G. Barket, Judge.
J. Philippe, PLLC, and Jesse Philippe, for appellant.
APLaw, LLC, and Alterraon Phillips (West Palm Beach), for appellee.
Before FERNANDEZ, LINDSEY and MILLER, JJ.
PER CURIAM.
Affirmed. See § 719.108(10)(d), Fla. Stat. (2025) (“The association may issue notice under s. 83.56 and sue for eviction under ss. 83.59- 83.625 as if the association were a landlord under part II of chapter 83 if the tenant fails to pay a required payment to the association after written demand has been made to the tenant."); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.").
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