Accord And Satisfaction: Florida’s 2nd DCA Overturns St. Croix Confirming Condominiums Can Accept Partial Payments Without Risk Of Compromising Claim
Recent assessment disputes between condominium associations and unit owners has resulted in a clarification of a Florida law. The clarification changes the way that acceptance of money intended to be accord and satisfaction is understood by the court in the condominium context. As background, in March 2012, a unit managed by the St. Croix at Pelican Marsh Condominium Association was foreclosed on and put up for auction. The winning bid of $100 came from the St. Croix Lane Trust. After winning the bid, the association demanded the trust pay the amount of $36,584.54 for past due assessments, interest, late fees, costs, and attorney’s fees accrued by the previous owner.