A Florida court has ruled that a homeowners association can recover attorney fees even after a property owner paid their dues in full. This decision affects homeowners associations across the state and clarifies how such fees are handled in legal disputes.
The case, Villages of Palm Beach Lakes Property Owners' Association, Inc. v. Daniil Shoyfer and Unknown Tenant, was filed under docket number 4D2025-3413 on September 23, 2026. It centers around a breach of contract dispute involving unpaid yearly maintenance assessments.
The Villages of Palm Beach Lakes Property Owners' Association, Inc. (the appellant) filed a lawsuit against Daniil Shoyfer (the appellee) for failing to pay the yearly maintenance fees required under the association’s Declaration. After the lawsuit was initiated, Shoyfer paid the outstanding assessment in full, along with most of the interest that had accrued. However, he did not pay the attorney's fees that the association incurred while trying to collect the debt.
Following the payment, the association filed a notice of voluntary dismissal of the lawsuit but also sought to recover attorney fees from Shoyfer. The county court denied this request, stating that the association should not have filed the lawsuit in the first place, as Shoyfer had offered to pay the entire amount owed.
The case then moved to the District Court of Appeal of Florida, where the judges reviewed the county court's decision. Chief Judge Gerber, along with Judges Lott and Weiss, concluded that the association was entitled to recover its attorney fees. The court stated, “the association was legally entitled to demand its attorney’s fees be paid along with the assessment and accrued interest.” This ruling emphasized that the payment made by Shoyfer did not resolve the association's collection efforts because it did not include the attorney fees.
The court referenced Florida Statutes, specifically section 720.3085(3)(b), which outlines how payments received by an association should be allocated. According to this statute, any payment made should first cover interest, then late fees, followed by costs and reasonable attorney fees, and finally the delinquent assessment. The court highlighted that since Shoyfer's pre-suit payment offer did not include the attorney fees, the association was justified in pursuing legal action.
As a result, the court reversed the county court's order and instructed it to grant the association's motion for attorney fees. The ruling also called for an evidentiary hearing to determine the appropriate amount of fees to be awarded to the association.
This decision has significant implications for homeowners associations in Florida. It clarifies that associations can pursue legal action to collect unpaid assessments and associated attorney fees, even if the property owner eventually pays the owed amount. This ruling reinforces the rights of associations to seek compensation for legal expenses incurred during collection efforts.
The ruling may encourage more homeowners associations to take legal action against delinquent owners, knowing they can recover attorney fees if they prevail in court. It also serves as a warning to property owners about the potential costs associated with unpaid assessments.
Looking ahead, it remains to be seen if Shoyfer will appeal the ruling. The court noted that the decision is not final until the time for filing a motion for rehearing has passed. If Shoyfer chooses to appeal, the case could continue to evolve in the legal system.
In summary, the court's ruling in this case sets a precedent for how attorney fees are handled in disputes between homeowners associations and property owners. It provides clarity on the rights of associations and the obligations of property owners regarding maintenance fees and associated legal costs.