PARK WEST PROFESSIONAL CENTER CONDOMINIUM ASSOCIATION, INC., APPELLANT,
v.
JOHN LONDONO, 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 condominium association appealed a trial court decision determining the priority of unpaid assessment obligations between the association, a prior owner, and a third-party purchaser at a foreclosure sale. The court reversed, holding that each successive owner is jointly and severally liable with the prior owner only for assessments owed during that prior owner's period of ownership, not for all historical unpaid assessments.
A purchaser at a foreclosure sale is jointly and severally liable with the immediately prior owner only for assessments that were unpaid during that prior owner's period of ownership. Londono is responsible for unpaid assessments from the time Park West took title, not from the time of Florida Title's ownership.
[1] A prior owner is jointly and severally liable with the current owner for all past due assessments up to the time of transfer of title.
[2] A third-party purchaser at a foreclosure sale is responsible for unpaid assessments from the time they took title to the property.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the prior owner is jointly and severally liable with the current owner for all past due assessments up to the time of transfer of title”
Establishes the controlling legal standard from Spiaggia that limits joint and several liability to the period of the prior owner's ownership.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBank of America initiated a mortgage foreclosure against Florida Title Professionals, Inc. (the original condominium owner). Park West Professional Ce…
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.
Park West Professional Center Condominium Association, Inc. appeals the trial court’s Final Order and order denying Park West’s motion for rehearing, which determined the priorities with respect to assessments due between Park West and appellee John 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 action brought by Park West against Florida Title. Bank of America was first to initiate the mortgage foreclosure action, to which Park West was eventually joined as a defendant. On September 19, 2011, while Bank of America’s action .was pending, Park West filed its own foreclosure action against Florida Title based on an assessment lien. Park West’s action concluded first, with Park West taking title to the subject property in January, 2012. Subsequently, Bank of America’s mortgage foreclosure action concluded, and Londono took title to the property on April 18, 2012.
On July 17, 2012, Londono filed a motion for determination of priority with the trial court. Londono urged the trial court, as he urges here, that his responsibility for unpaid assessments relates back to the time that he took title to the property and no further. Park West, on the other hand, argues that Londono has joint and several liability with Park West for any unpaid assessments, and because Park West is deemed to have joint and several liability for unpaid assessments with Florida Title, then Londono’s responsibility for unpaid assessments relates back to those that were owed by Florida Title.
Park West and Londono rely on the holding in Spiaggia, supra, in support of their respective positions. Both are incorrect in their interpretation of Spiaggia. The Spiaggia court held that “the prior owner is jointly and severally liable with the current owner for all past due assessments up to the time of transfer of title.” Spiaggia, 105 So.3d at 639. On the facts of this case, this means that Park West is jointly and severally responsible with Florida Title back to the time when title to the subject property was transferred to Florida Title, and Londono is responsible for unpaid assessments back to the time when Park West took title to the subject property-
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Coastal Creek Condo. Ass'n, Inc. v. Fla Tr. Servs. LLC, 275 So. 3d 836 (Fla. 1st DCA 2019)…See Bona Vista Condo. Ass'n, Inc. v. FNS6, LLC, 194 So. 3d 490, 491-93 (Fla. 3d DCA 2016); Aventura Mgmt., LLC v. Spiaggia Ocean Condo. Ass'n., Inc., 149 So. 3d 690, 692-93 (Fla. 3d DCA 2014); Park W. Prof'l Ctr. Condo. Ass'n, Inc. v. Londono, 130 So. 3d 711, 712 (Fla. 3d DCA 2013); Aventura Mgmt., LLC, 105 So. 3d at 637. Shortly after the Third District interpreted section 718.116(1)(a), the Legislature amended the statute by adding the last two sentences, whereby it expressly excluded the associat…1 / 2
-
Aventura Mgmt., LLC v. Spiaggia Ocean Condo. Ass'n, Inc., 149 So. 3d 690 (Fla. 3d DCA 2014)…e available to it the remedy of pursuing its lien against the original owner. Id. at 639 n. 4. [*693] Additionally, a recent decision from this Court has provided clarity to this issue. In Park West Professional Center Condominium, Ass’n v. Londono, 130 So. 3d 711, 712 (Fla. 3d DCA 2013), on similar facts and with the parties disputing the interpretation of Spiaggia I ’s majority opinion, this Court stated: Both [parties] are incorrect in their interpretation of Spiaggia. The Spiaggia court held that “the pr…
-
Bona Vista Condo. Ass'n, Inc. v. FNS6, LLC, 194 So. 3d 490 (Fla. 3d DCA 2016)…, 105 So. 3d 637, 638-39 (Fla. 3d DCA 2013) (Spiaggia I), Aventura Management, LLC v. Spiaggia Ocean Condominium Ass’n, Inc., 149 So. 3d 690, 693 (Fla. 3d DCA 2014) (Spiaggia II), and Park West Professional Center Condominium Ass’n, Inc. v. Londono, 130 So. 3d 711, 712 (Fla. 3d DCA 2013) (quoting Spiaggia I, 105 So. 3d at 639) make clear, under the 2013 version of section 718.116(1)(a) which applies here: (1) a condominium association is a “unit owner” as that term is used in section 718.116(l)(a), even if th…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Aventura Mgmt., LLC v. Spiaggia Ocean Condo. Ass'n, Inc., 105 So. 3d 637 (Fla. 3d DCA 2013)
- Josef Barnes v. Castle Beach Club Condo. Ass'n, Inc., 106 So. 3d 86 (Fla. 3d DCA 2013)