LibGuides: Florida Condominium Law by Trevor Thomson: Financial Concerns and Assessments Case Law

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Financial Concerns Case Law

Ocean Trail Unit Owners Ass'n v. Mead, 650 So. 2d 4 - Fla: Supreme Court 1994
Case describes how owners have a duty to pay special assessments. - Dunbar, The Condominium Concept
Bessemer v. Gersten, 381 So. 2d 1344 - Fla: Supreme Court 1980
Case outlines that the board may bring an action to foreclose a claim of lien for any unpaid assessments. - Dunbar, The Condominium Concept
CORAL WAY CONDO. v. 21/22 CONDO. ASSN., 66 So. 3d 1038 - Fla: Dist. Court of Appeals, 3rd Dist. 2011
Case discusses special assessments. - Dunbar, The Condominium Concept
Karpay v. Las Brisas Condominium Ass'n, 517 So. 2d 756 - Fla: Dist. Court of Appeals, 2nd Dist. 1987
Case proclaims that once a unit is sold, the buyer is responsible for all unpaid assessments at the time of the sale. - Dunbar, The Condominium Concept
Palm Bay Towers Corp. v. Brooks, 466 So. 2d 1071 - Fla: Dist. Court of Appeals, 3rd Dist. 1984
Case proclaims that "[b]efore a unit owner is liable for an assessment, that assessment must be due against him." - Dunbar, The Condominium Concept
Clearwater Key Ass'n-South Beach, Inc. v. Thacker, 431 So. 2d 641 - Fla: Dist. Court of Appeals, 2nd Dist. 1983
Case purports that developer-board sets the precedence for the allocation of expenses and must then be followed by subsequent boards. - Dunbar, The Condominium Concept
Clearwater Key Ass'n-South Beach, Inc. v. Thacker, 431 So. 2d 641 - Fla: Dist. Court of Appeals, 2nd Dist. 1983
Case discusses how buyer must see payment from developer or previous owner for unpaid assessments. - Dunbar, The Condominium Concept
MARGATE VILLAGE CONDOMINIUM v. Wilfred, Inc., 350 So. 2d 16 - Fla: Dist. Court of Appeals, 4th Dist. 1977
Case discusses challenging an assessment by the board. - Dunbar, The Condominium Concept
C. 21 COMMODORE PL. v. COMMODORE PL. AT. C., 340 So. 2d 945 - Fla: Dist. Court of Appeals, 3rd Dist. 1976
Case lays out the rule that excess funds must be credited towards the next year's budget and not returned directly to unit owners. - Dunbar, The Condominium Concept

Assessments Case Law

CORAL WAY CONDO. v. 21/22 CONDO. ASSN., 66 So. 3d 1038 - Fla: Dist. Court of Appeals, 3rd Dist. 2011
Case describes special assessments. - Dunbar, The Condominium Concept
BAY HOLDINGS v. 2000 IS. BLVD. CONDO. ASS'N, 895 So. 2d 1197 - Fla: Dist. Court of Appeals, 3rd Dist. 2005
Case describes the rights of the first mortgage holder. - Dunbar, The Condominium Concept
Karpay v. Las Brisas Condominium Ass'n, 517 So. 2d 756 - Fla: Dist. Court of Appeals, 2nd Dist. 1987
Case describes how when a unit is sold, the buyer becomes liable for all unpaid assessments prior to the sale. - Dunbar, The Condominium Concept
Palm Bay Towers Corp. v. Brooks, 466 So. 2d 1071 - Fla: Dist. Court of Appeals, 3rd Dist. 1984
Case describes payment and delinquency of assessments. Dunbar, The Condominium Concept
Clearwater Key Ass'n-South Beach, Inc. v. Thacker, 431 So. 2d 641 - Fla: Dist. Court of Appeals, 2nd Dist. 1983
Case describes how the formula for the allocation of common expenses, once selected by the developer, must be followed by the board. - Dunbar, The Condominium Concept
Ocean Trail Unit Owners Ass'n v. Mead, 650 So. 2d 4 - Fla: Supreme Court 1994
Case describes how a unit owner's duty to pay is contingent upon a properly adopted assessment. Case also describes how "if the officers or directors act in an unauthorized manner, the unit owners should seek a remedy through election, or if factually supported, in an action for breach of fiduciary duty. The owners' remedies do not include failing to pay an assessment." - Dunbar, The Condominium Concept
MARGATE VILLAGE CONDOMINIUM v. Wilfred, Inc., 350 So. 2d 16 - Fla: Dist. Court of Appeals, 4th Dist. 1977
Case describes the time for contesting an assessment. - Dunbar, The Condominium Concept