What Notice Must a Florida Condo Association Give Before Foreclosing on a Unit Owner?

Owning a condo in Florida means paying periodic fees to the condominium association for the maintenance of essential utilities, common areas, and amenities. If a unit owner fails to pay these fees, they are in breach of the condominium association’s bylaws, which is a binding legal contract between the association and the owner. And under certain conditions, the condo association can foreclose on the unit for the owner’s ongoing non-payment of fees and assessments.

Florida Appeals Court Partially Rules in Favor of Condo Association

Of course, there are certain legal formalities that a Florida condo association must follow before initiating a foreclosure proceeding. A recent decision from the Florida Third District Court of Appeals, Winston Towers 100 Association, Inc. v. Antonioli, illustrates what can happen when those procedures are not strictly followed.

The plaintiff in this case was the condo association. It filed a civil complaint against the defendant, one of the condo unit owners, for unpaid assessments. The complaint itself included two counts, the first seeking to foreclose on a lien the condo association previously filed; and the second seeking payment of the unpaid assessments.

The case was tried before a circuit court judge sitting without a jury. The judge ultimately ruled in favor of the defendant (i.e., the unit owner). The condo association then appealed.

The Third District ended up ruling partially in favor of the condo association. As the appellate court explained in its opinion, the plaintiff did not follow proper procedures with respect to its foreclosure attempt. Florida law requires a condo association to send a “notice of its intent” to foreclose on a lien to the unit owner. This notice must be sent to the unit owner at least 30 days before the condo association files its lawsuit seeking foreclosure.

In this case, the condo association did send a notice. The problem was that they sent the notice to two different addresses, neither of which were the address of the condo unit. Nor did the defendant reside at either address. Under Florida law, If a condo owner is not living in their unit, the condo association must send the notice to the last known residential address of the owner as reflected in the association’s records. Since the condo association here failed to do so, the Third District held the trial judge properly dismissed the foreclosure complaint.

Now, that only meant the condo association could not foreclose on the defendant’s unit. The Third District went on to reverse the trial judge’s ruling in favor of the condo association with regard to the unpaid assessments. Here, the trial judge took issue with the sufficiency of the evidence presented by the condo association to establish how much the defendant owed. The Third District, however, said the evidence was more than sufficient, so the defendant would have to pay the association about $45,000 in back assessments (plus interest and costs).

Contact a Davie Real Estate Litigation Attorney Today

If you are involved in a dispute involving a Florida condominium or homeowner’s association, it is in your interest to seek out timely legal advice from a qualified Davie real estate litigation attorney. Contact Valero Law today at 305-607-7011 to schedule a free consultation. We serve clients in Davie, Broward County, Coconut Grove and Miami-Dade County.

Source:

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