GERALD M. WARD, APPELLANT,
v.
THE 3900 CONDOMINIUM ASSOCIATION, INC., A FLORIDA CORPORATION, APPELLEE
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A condominium association obtained a foreclosure judgment against a unit owner for unpaid assessments and related costs totaling over $16,000. The appellate court affirmed the underlying judgment but reversed and remanded regarding the association's handling of a partial payment check, requiring reconsideration of attorney's fees based on the properly disputed amount.
The trial court properly awarded final judgment to the condominium association as there was ample evidence of nonpayment. However, the court erred in not requiring the association to deposit the partial payment check and apply it according to section 718.116(3) priorities. On remand, the attorney's fees award must be reduced to a reasonable sum based on the reduced, properly disputed amount.
[1] A condominium association may foreclose on its claim of lien for unpaid assessments.
[2] A condominium association must apply payments received from a unit owner in accordance with statutory priorities, even if the payment is belated and less than the full am…
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Join FLexlaw to unlock all legal intelligence“The trial court properly awarded final judgment to the condominium association, there being ample evidence of nonreceipt of payment when the assessment was due.”
Establishes that the underlying foreclosure judgment was properly supported by evidence of nonpayment.
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Join FLexlaw to unlock all legal intelligenceGerald Ward, a unit owner, failed to pay a 1993 semi-annual condominium assessment of slightly over $1,000. The condominium association obtained a fin…
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PER CURIAM.
This dispute arose between the appellant unit owner and the appellee condominium association over a 1993 semi-annual assessment of slightly over $1,000. We affirm in part, reverse in part and remand.
The parties unfortunately fully litigated this dispute rather than utilizing, prior to doing so, alternative dispute resolution, voluntary mediation or mandatory nonbinding arbitration which section 718.1265, Florida Statutes (1991), provides to reduce court dockets and trials and to offer a more efficient, cost-effective option to court litigation.
By the end of the present litigation at the trial level, the condominium association had obtained a final judgment of foreclosure of its claim of lien for $1,175 in unpaid condominium assessments, $78.55 as interest, $13,100 for attorney’s fees and $1,812.87 for court costs, making a total of $16,166.42, all to bear interest at eight percent.
The trial court properly awarded final judgment to the condominium association, there being ample evidence of nonreceipt of payment when the assessment was due. It erred in not considering the condominium association’s decision not to deposit the unit owner’s belated 1994 check which was less than the full sum then owed by the unit owner for attorney’s fees, interest, and the 1993 assessment. The check should have been deposited and applied in accordance with the priorities recited in section 718.116(3), Florida Statutes (1993). The amount in dispute, as well as the claim of lien, then might have been halved and the matter possibly resolved without all of the litigation. On remand, the award of attorney’s fees should be reduced, without further hearing, to a reasonable sum based on a reduced, properly disputed amount and this opinion.
GLICKSTEIN, DELL and FARMER, JJ., concur.
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Catalina W. Homeowners Ass'n, Inc. v. Fed. Nat'l Mortg. Ass'n, 188 So. 3d 76 (Fla. 3d DCA 2016)…ntitled to receive payments for those items under the safe harbor provision. The Associations’ reliance upon St. Croix Lane Trust v. St. Croix at Pelican Marsh Condominium Ass’n, 144 So. 3d 639 (Fla. 2d DCA 2014), and Ward v. 3900 Condominium Ass’n, 670 So. 2d 1182 (Fla. 4th DCA 1996), for the preposition that they are required to apply payments [*81] in accordance with the formula set forth in subsection (3)(b), adds nothing to their argument. St. Croix and Ward addressed section 718.116(3), Florida Statutes,…