Galloway Johnson Tompkins Burr & Smith and its team in Jacksonville has secured a complete summary judgment victory in favor of our client, a Florida homeowners’ association, in a case involving a challenge to mandatory membership and assessment obligations. The Court granted summary judgment in full, confirming the enforceability of the association’s governing documents and rejecting all claims brought by the property owners.
Director Autumn George worked diligently to deliver this positive result for our clients through strategic defense, tenacity, and outstanding legal service.
Case Overview: Upholding Enforceability of HOA Declarations and Assessments
In this case, the Plaintiffs sought to avoid mandatory membership in the homeowners’ association and corresponding financial obligations, arguing that the property they purchased was not subject to the governing documents due to an alleged omission in the recorded declarations.
Autumn and the Galloway team moved for summary judgment on behalf of the association, presenting a detailed evidentiary record establishing that the declarations were properly recorded and that all subsequent purchasers – including the Plaintiffs – were subject to the covenants that “run with the land.” The record included deeds, plat maps, title insurance, HOA disclosures, and the Plaintiffs’ own actions before and after closing.
The Court found in favor of the association, granting its motion and denying the Plaintiffs’ competing motion for summary judgment. In its order, the Court concluded:
- The covenants were recorded prior to the plaintiffs’ purchase and are binding on all successors in interest;
- The plaintiffs were on actual, implied, and constructive notice through the public record and closing documents;
- Post-closing conduct—such as attending association meetings, requesting records, and participating in governance—demonstrated acknowledgment of membership;
- The omission of a specific phase reference in one declaration did not negate constructive notice where the public record as a whole put the owners on notice;
- Allowing owners to benefit from common areas and amenities while disclaiming obligations would result in unjust enrichment.
Takeaways and Galloway’s Representation in HOA Law
The Court’s decision reinforces the legal significance of recorded covenants and the high bar for disclaiming HOA obligations in Florida. The ruling confirms that community governance documents are enforceable against all lot owners, even in the face of technical challenges, so long as the public record and conduct support their application.
The association is now entitled to enforce all obligations, including assessments, and the Court has reserved jurisdiction to award attorney’s fees and costs. Galloway’s client can move forward in their governing authority.
For new and established Homeowners’ Associations, Galloway’s HOA attorneys provide experienced, knowledgeable, and skilled representation in a number of HOA legal matters. In each HOA law case, we work with associations to determine their needs, goals, and challenges before carefully reviewing their bylaws to chart the proper course of action.
Autumn George utilizes a strategic approach to collaborating with clients to develop effective defense strategies. Her clients value her sharp focus, timely communication, and commitment to the best resolution in their case.
Autumn and the entire Galloway team in Jacksonville are ready for the next case where they can go way above and way beyond for their clients.
