A Condominium Association Victory in the Ongoing Fight for a Prior Owner’s Assessments (FL)

A recent case, Coastal Creek Condominium Association, Inc. v. FLA Trust Services LLC has upped the ante in the fight to collect outstanding assessments owed by previous owners pursuant to Section 718.116(1)(a), Florida Statute. In Coastal Creek, the Florida First District Court of Appeal adopted a different interpretation of a Florida statute than the Florida Third District Court of Appeal’s 2013 opinion Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Aventura 105 So. 3d 637 (Fla. 3d DCA 2013). Unlike in the 2013 Spiaggia opinion, the Coastal Creek opinion determined that joint and several liability extends backwards to include the total historical debt that remains outstanding and does not get limited to the portion of the debt during the most recent owner’s period of ownership.    Read the article……………………