JOSEF BARNES, APPELLANT,
v.
CASTLE BEACH CLUB CONDOMINIUM ASSOCIATION, INC., APPELLEE
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The court held that a condominium association's lien for unpaid assessments does not merge with its certificate of title when the association is the previous owner, and the buyer is liable for assessments accrued before title transfer.
The appellant purchased condominium units at a foreclosure sale. The condominium association also foreclosed on the units and obtained a certificate o…
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Josef Barnes, the appellant-owner, appeals the trial court’s post-judgment order denying Barnes’ motion for determination of amount due in an action involving a dispute that arose between Barnes and the appellee, Castle Beach Club Condominium Association. We reverse.
Barnes was the successful bidder at a foreclosure sale of eight condominium units. The trial court found that the Association’s lien did not merge with the Certificate of Title that was issued in connection with its own foreclosure action. The court *87further found that Barnes was obligated to pay the Association the amounts owed on the subject condominium units which had accrued prior to the date the Association was issued the Certificate of Title.
The issue before this Court is the exact issue raised in Aventura Management, LLC, v. Spiaggia Ocean Condominium Association, Inc., 105 So.3d 637 (Fla. 3d DCA 2013), where we held that under section 718.116(1)(a), Florida Statutes (2009), there is no exception to be made for joint and several liability for unpaid assessments that come due up to the transfer of title when the “previous owner” is the condominium association. We therefore reverse the order under review on the authority of Aventura Management.
Reversed.
SHEPHERD, J., concurring dubitante.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Park W. Prof'l Ctr. Condo. Ass'n, Inc. v. Londono, 130 So. 3d 711 (Fla. 3d DCA 2013)…hn Londono, a third-party purchaser at a foreclosure sale. On the authority of Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc., 105 So. 3d 637 (Fla. 3d DCA 2013) and Barnes v. Castle Beach Club Condominium Association, Inc., 106 So. 3d 86 (Fla. 3d DCA 2013), we reverse. This case arose from two separate actions, a mortgage foreclosure brought by Bank of America, N.A. against Florida Title Professionals, Inc., the former owner of the two condominium units at issue, and a foreclosure…
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Waterfront Inv. Real Est., LLC v. The Bentley BAY Condo. Ass'n, Inc., 114 So. 3d 347 (Fla. 3d DCA 2013)…he cause is remanded for further proceedings on the authority of the later-decided, contrary cases of Aventura Management, LLC v. Spiaggia Ocean Condominium Ass’n, 105 So. 3d 637 (Fla. 3d DCA 2013), and Barnes v. Castle Beach Club Condominium Ass’n, 106 So. 3d 86 (Fla. 3d DCA 2013). Reversed and remanded.…
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Chase Home Loans, LLC v. Sixto, 116 So. 3d 567 (Fla. 3d DCA 2013)…nd the cause remanded for further proceedings on the authority of the later decided, contrary cases of Aventura Management, LLC v. Spiaggia Ocean Condominium Ass’n, 105 So. 3d 637 (Fla. 3d DCA 2013) and Barnes v. Castle Beach Club Condominium Ass’n, 106 So. 3d 86 (Fla. 3d DCA 2013). See also Waterfront Inv. Real Estate, LLC v. Bentley Bay Condo. Ass’n, 114 So. 3d 347 (Fla. 3d DCA 2013). Reversed and remanded.…
Authorities Cited
- Aventura Mgmt., LLC v. Spiaggia Ocean Condo. Ass'n, Inc., 105 So. 3d 637 (Fla. 3d DCA 2013)