Legal Opinion

Ecoventure WGV, Ltd. v. Saint Johns Northwest Residential Ass'n

District Court of Appeal of Florida

Decided March 11, 2011No. 5D10-542PublishedCited by 3 opinions

1Opinion of the CourtCohen, J.

Ecoventure WGV, Ltd. (hereafter “Eco-venture”), challenges whether section 720.3085, Florida Statutes (2007), may be applied to impose joint and several liability on it for the unpaid homeowner’s association assessments incurred by its mortgagor. Concluding it cannot, we reverse.

In 1997, Ecoventure purchased a parcel of property that was subject to Saint Johns Northwest Residential Association, Inc.’s Declaration of Covenants and Restrictions (hereafter “Declaration”). In 2001, Ecoventure sold the property to DMHB Holdings, LLC, taking back a purchase money mortgage. Ecoventure foreclosed on…

2Cases cited4 opinions

  1. Florida Hosp. Waterman, Inc. v. BusterSupreme Court of Florida · 2008
  2. Angora Enterprises, Inc. v. ColeSupreme Court of Florida · 1983
  3. Sarasota County v. AndrewsDistrict Court of Appeal of Florida · 1991
  4. Coral Lakes Community Ass'n v. Busey Bank, N.A.District Court of Appeal of Florida · 2010

3Cited by3 opinions

  1. Pudlit 2 Joint Venture, LLP v. Westwood Gardens Homeowners AssociationDistrict Court of Appeal of Florida · 2015
  2. Ballantrae Homeowners Association, Inc. v. Federal National Mortgage AssociationDistrict Court of Appeal of Florida · 2016
  3. In re JimenezUnited States Bankruptcy Court, M.D. Florida · 2012

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