HOMEOWNERS ASSOCIATION OF THE SHORES, INC., ACTING BY AND THROUGH ITS BOARD OF DIRECTORS, MARTIN HEFLIN, CHARLES MANN, NANCY AMES, JOHN DORSETT, AND CHARLES DILCHER, APPELLANTS,
v.
JACK M. SMITH, APPELLEE

Fla. 1st DCA | 2003-10-24
No. 1D02-4121
ERVIN, BOOTH, and KAHN, JJ, concur.
857 So. 2d 361 Florida District Court of Appeal, First District (2003)

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Synopsis

The appellate court reviewed a circuit court decision that reversed a county court judgment regarding the enforceability of a homeowners association's increased assessment intended to pay officer salaries.


Holding

The appellate court agreed with the circuit court's reversal of the county court's judgment, implying a potential issue with the trial court's finding that the assessment was improper or that the unit owner had a valid defense.


Facts & Procedural History

A homeowners association increased monthly assessments, partly to pay officer salaries. A unit owner refused to pay the increase, citing an improper p…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

To the extent the trial court refused to allow appellant to recover its properly taxable costs, the order on appeal is reversed. See Fla. R. Civ. P. 1.420(d). Appellant has shown no abuse of discretion in the trial court’s denial of attorneys’ fees pursuant to section 57.105(1), Florida Statutes.

AFFIRMED in part, REVERSED in part, and REMANDED.

ERVIN, BOOTH, and KAHN, JJ, concur.


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