CARLOS GABRIEL CARUS, JR.
v.
GLADYS FIDELIA

Fla. 3d DCA | 2024-04-10
No. 2023-0281
2024 FL 4020 Florida District Court of Appeal, Third District (2024)

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Holding

A parcel owner is jointly and severally liable with the previous parcel owner for all unpaid assessments that came due up to the time of transfer of title.


Headnotes

[1] Under Florida Statute § 720.3085(2)(b), a parcel owner is jointly and severally liable with the previous parcel owner for all unpaid homeowners association assessments th…

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Key Quotes

“A parcel owner is jointly and severally liable with the previous parcel owner for all unpaid assessments that came due up to the time of transfer of title.”

Statutory provision cited to support the affirmance.

Facts & Procedural History

Carlos Gabriel Carus, Jr. appealed a judgment in a property assessment dispute with Gladys Fidelia. The case involved the allocation of liability for …

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Opinion of the Court

PER CURIAM.

Affirmed. See § 720.3085(2)(b), Fla. Stat. (2022) (“A parcel owner is jointly and severally liable with the previous parcel owner for all unpaid assessments that came due up to the time of transfer of title.”); Villas of Windmill Point II Prop. Owners’ Ass’n, Inc. v. Nationstar Mortg., LLC, 229 So. 3d 822, 824 (Fla. 4th DCA 2017) (“[U]nder section 720.3085(2)(c), [the third-party purchaser] does indirectly benefit from the safe harbor provision because, under section 720.3085(2)(b), it is jointly and severally liable with the prior parcel owner . . . for all unpaid assessments due up to the time of transfer of title, and [the prior parcel owner] did qualify for the safe harbor provision.”); Cong. Park Off. Condos II, LLC v. First-Citizens Bank & Tr. Co., 105 So. 3d 602, 608 (Fla. 4th DCA 2013) (“If the incomplete discovery will not raise future disputed issues of material fact, summary judgment may be properly granted.” (quoting Osorto v. Deutsche Bank Nat’l Tr. Co., 88 So. 3d 261, 263 (Fla. 4th DCA 2012))).


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