MAYA MARCA CONDOMINIUM APARTMENTS, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, APPELLANT,
v.
THOM O'ROURKE, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A unit owner is liable for all assessments, and the condominium association is entitled to a personal judgment for the full amount of unpaid assessments, attorney's fees, and costs.
A condominium association foreclosed on an owner's apartment for unpaid assessments but received nothing at the foreclosure sale due to a superior mor…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Personal Judgment cases and more on FLexlaw
KLEIN, Judge.
The appellant condominium association foreclosed a lien against the apartment of an owner who had not paid assessments; however, the association received nothing as a result of the foreclosure sale. The association then sought a personal judgment against the owner, which the trial court denied, and the association appeals. We reverse.
The association brought this action seeking foreclosure and a money judgment, alleging past due condominium assessments and fees. The court entered a summary judgment in the amount of $13,748, and a foreclosure sale was held at which the association was the highest bidder. The condo, however, was subject to a large first mortgage which was also in foreclosure, and the sale pursuant to that foreclosure closed out the interest of the association.
The association then sought a personal judgment, but after conducting a deficiency hearing the trial court refused to enter a judgment without stating any reasons. The association appeals, arguing that a denial of a deficiency is an abuse of discretion where there is no legal or equitable basis for it, citing Morgan v. Kelly, 642 So. 2d 1117, 1118 (Fla. 3d DCA 1994).
We need not decide whether the law regarding deficiency judgments in mortgage foreclosure actions is applicable here, because section 718.116(1)(a), Florida Statutes (1993) provides that a unit owner is liable for all assessments, and this declaration of condominium also makes this unit owner liable. We therefore conclude that the court erred as a matter of law and remand for entry of a judgment in the full amount of the assessment, along with attorney’s fees and costs.
GLICKSTEIN and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Degrossi, 680 So. 2d 1093 (Fla. 3d DCA 1996)…ctions 322.26(2) and 322.28(6) must be construed in accordance with the legislative intent to ensure safe roadways and protecting the public from intoxicated drivers, we reverse the trial court’s stay of the license suspension., See State v. Rowell, 669 So. 2d 1089 (Fla. 2d DCA 1996)(trial court cannot circumvent mandatory requirements of license suspension by withholding adjudication in DUI case). Accordingly, we answer the certified question in the affirmative holding that the trial court does not have the a…
-
State v. W.W., 16 So. 3d 305 (Fla. 5th DCA 2009)…pt chapter 316 misdemeanor traffic violations from the benefits of juvenile court. This is further evidenced by the prohibition, within section 316.656(1), of withholding adjudication upon conviction for driving under the influence. State v. Rowell, 669 So. 2d 1089 (Fla. 2d DCA 1996). This provision would be inapplicable if the DUI were prosecuted in juvenile court because W.W. would not be convicted of DUI, but rather only adjudicated guilty of a delinquent act. Further, should W.W. be convicted of DUI upon b…
Authorities Cited
- Dane D. Morgan v. Kelly, 642 So. 2d 1117 (Fla. 3d DCA 1994)