Villages of Palm Beach Lakes Property Owners' Association, Inc. v. Daniil Shoyfer and Unknown Tenant
CourtDistrict Court of Appeal of Florida
Date FiledSeptember 23, 2026
Docket4D2025-3413
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
VILLAGES OF PALM BEACH LAKES
PROPERTY OWNERS’ ASSOCIATION, INC.,
Appellant,
v.
DANIIL SHOYFER and UNKNOWN TENANT,
Appellees.
No. 4D2025-3413
[September 23, 2026]
Appeal from the County Court for the Fifteenth Judicial Circuit, Palm
Beach County; Sarah L. Shullman, Judge; L.T. Case No.
502025CC009365XXXAMB.
Alterraon Phillips of APLaw, LLC, Royal Palm Beach, for appellant.
Steven H. Meyer of Steven H. Meyer, P.A., Winter Park, for appellees.
GERBER, C.J.
The appellant association filed a breach of contract suit against the
appellee multiple-unit owner to recover an unpaid yearly maintenance
assessment required under the association’s Declaration. After suit was
filed, the owner paid the delinquent assessment in full, plus virtually all
interest which had accrued on the delinquent assessment. The
association filed a notice of voluntary dismissal, but also filed a motion to
recover prevailing party attorney’s fees against the owner pursuant to
section 720.305(1), Florida Statutes (2025).
The county court entered an order denying the association’s motion,
finding “it was not necessary [for the association] to file suit to begin with,
as [the owner had] persistently offered the entirety of the amount for which
[the association] sued,” despite the fact that the owner had refused to pay
the association’s attorney’s fees incurred in its collection effort before the
association filed suit.
On the association’s appeal from that order, we reverse. The
association was legally entitled to demand its attorney’s fees be paid along
with the assessment and accrued interest under section 720.3085(3)(b),
Florida Statutes (2025), before the association’s collection effort would be
considered resolved in full. See § 720.3085(3)(b), Fla. Stat. (2025) (“Any
payment received by an association and accepted shall be applied first to
any interest accrued, then to any administrative late fee, then to any costs
and reasonable attorney fees incurred in collection, and then to the
delinquent assessment.”) (emphases added).
As the owner’s pre-suit payment offer did not include the association’s
attorney fees incurred in collection, the owner’s pre-suit payment offer did
not resolve the association’s collection effort in full. Thus, the association
was legally entitled to not accept the owner’s pre-suit payment offer, and
instead file suit to collect the unpaid assessment, accrued interest, and
reasonable attorney’s fees incurred in collection.
Post-suit, after the owner had paid the assessment in full, plus virtually
all accrued interest, the association was then legally entitled to file and
pursue its prevailing party attorney’s fees motion, despite having filed a
notice of voluntary dismissal. See Moritz v. Hoyt Enters., Inc., 604 So. 2d
807, 810 (Fla. 1992) (the “prevailing party” for attorney’s fees entitlement
purposes is “the party prevailing on the significant issues in the litigation”);
Mooney v. Color Le Palais of Boynton Beach Homeowners Ass’n, 419 So. 3d
1078, 1090 (Fla. 4th DCA 2025) (“[T]he Association is the prevailing party
because the Homeowners voluntarily complied with the requested relief
sought by the Association in the litigation.”).
Based on the foregoing, we reverse the county court’s order, and
remand with directions to grant the association’s prevailing party
attorney’s fees motion, and set an evidentiary hearing to determine the
reasonable attorney’s fees amount to be awarded for the association
against the owner.
Reversed and remanded with directions.
LOTT, J., and WEISS, MARLON J., Associate Judge, concur.
* * *
Not final until disposition of timely-filed motion for rehearing.
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