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1 min read

HOA Dispute Over Unpaid Assessments and Validity of Lien Foreclosure

Judge gavel on a wooden desk

In the District Court of Appeal of Florida, First District, a case between a lot owner, Inlet Beach Capital Investments, LLC (Lot Owner), and a homeowners' association, The Enclave at Inlet Beach Owners Association, Inc. (HOA), has brought to light an intriguing legal dispute. The disagreement revolves around unpaid assessments and the validity of a lien foreclosure action. Additionally, Lot Owner has alleged malicious prosecution on the part of the HOA and its attorneys, Becker & Poliakoff, P.A. (Lawyers). In this blog post, we delve into the court's findings and shed light on the key aspects of the case.

Background and Legal Proceedings

The court examined whether the HOA's voluntary dismissal of the lien foreclosure action without prejudice constituted a bona fide termination, supporting Lot Owner's claim of malicious prosecution. In its ruling, the court determined that the voluntary dismissal did not amount to a "bona fide termination," thus undermining Lot Owner's argument.

Validity of Lien Foreclosure Action

The court scrutinized the grounds presented by the Lawyers and HOA in support of their foreclosure action. The court determined that the HOA and Lawyers had valid arguments for pursuing the foreclosure action and did not act with malice when initiating it. This finding underscores the importance of establishing a solid legal foundation for such actions.

Elements of Malicious Prosecution

To support their judgment, the court referenced a prior case, Debrincat v. Fischer, which outlined six essential elements necessary to prove malicious prosecution. In this case, Lot Owner failed to establish three of these elements, weakening their claim. The court highlighted that Lot Owner could not prove malice on the part of the HOA and Lawyers, further cementing their ruling in favor of the defendants.

Summary Judgment

Based on the analysis of the case's merits, the court affirmed the summary judgment handed down in favor of the HOA and Lawyers. The judgment stood on three distinct rationales, underscoring the validity of the defendants' arguments and the absence of malice in their actions.


This intriguing legal case involving unpaid assessments, a lien foreclosure action, and allegations of malicious prosecution offers valuable insights into the complexities of legal disputes. The court's ruling reinforces the need for a bona fide termination to support claims of malicious prosecution. Furthermore, it emphasizes the importance of establishing valid grounds and acting without malice when initiating legal action. By examining the facts of the case and the court's judgment, we gain a deeper understanding of the legal intricacies involved in such disputes.

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