Zalloum v. River Oaks Community Services Association Inc, 6:13-ap-00124

ROCSA is a master association governing three River Oaks sub-associations that include two condominium associations and one HOA, with the Property jointly owned by Zalloum and the Debtor.
Zalloum challenges ROCSA as a condominium association under Chapter 718 and claims any lien is void or time-barred under Chapter 718.
ROCSA asserts it is a HOA governed by Chapter 720 and authorized to assess and lien the Property under its Declaration and Florida law.
ROCSA recorded a lien after issuing a Notice of Intent to Lien in 2007 and filed a Claim of Lien in 2008 for unpaid assessments.
Foreclosure proceedings were commenced in state court in 2009, resulting in a partial final judgment in ROCSA’s favor; the bankruptcy court later considered related issues in this adversary proceeding.
The court ultimately grants summary judgment to ROCSA on the key issues and abstains from further action to allow state court proceedings to finalize the foreclosure judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ROCSA is a HOA under Chapter 720 or a Condominium under Chapter 718	Zalloum contends ROCSA is a condominium association based on River Oaks I/II and seeks Chapter 718 controls.	ROCSA argues it is a master HOA consisting of mixed entities and thus governed by Chapter 720.	ROCSA is a HOA under Chapter 720.
Whether ROCSA had authority to assess the Property and place a lien	Zalloum asserts ROCSA lacked authority to assess or lien the Property.	ROCSA cites § 720.303 and the Operative Declaration authorizing assessments and liens.	ROCSA had authority to assess and lien the Property.
Whether ROCSA holds a valid and enforceable lien on the Property	Zalloum challenges the validity of the lien and claims it was not properly recorded or incurred.	ROCSA followed § 720.3085 and the Declaration in recording a valid lien.	ROCSA holds a valid and enforceable lien.
Whether ROCSA timely enforced and foreclosed its lien	Zalloum asserts improper or untimely foreclosure actions.	ROCSA complied with the notice and waiting periods and foreclosed in line with the statute and declaration.	ROCSA foreclosed timely under applicable law.
Which statute of limitations applies to ROCSA's lien foreclosure action	Zalloum argues Chapter 718 one-year limit applies because ROCSA is a condominium.	ROCSA is a HOA under Chapter 720, so the five-year limit in § 95.11(2)(c) applies.	Five-year statute of limitations governs ROCSA's lien foreclosure.

Raines v. Palm Beach Leisureville Cmty. Ass’n, Inc., 413 So. 2d 30 (Fla. 1982) (mixed governing documents; not a pure condominium)
Leigh v. Warner Bros., Inc. (In re Leigh), 212 F.3d 1210 (11th Cir. 2000) (evidentiary standard for summary judgment)
Gordon v. Terry, 684 F.2d 736 (11th Cir. 1982) (summary judgment standard; specific facts required)
Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) (burden-shifting framework for summary judgment)
Scott v. Harris, 550 U.S. 372 (2007) (court may rely on admissible evidence viewed most favorably)