The 2023 Florida Statutes (including Special Session C)
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. . . Appellant argues in the second issue that the trial court erred in interpreting section 718.116(1)(a) . . . Specifically, FLA Trust asserted that pursuant to section 718.116(1)(a), Florida Statutes, the present . . . The trial court ultimately interpreted section 718.116(1)(a) as limiting FLA Trust's joint and several . . . The issue before us is whether, pursuant to section 718.116(1)(a), the present owner of a condominium . . . Before we proceed to interpret the 2017 version of section 718.116(1)(a), which applies in this case, . . .
. . . Association, Inc., the appellee ("Association"), under the so-called "Safe Harbor Statute," section 718.116 . . . The Association's petition was based on a provision of the Condominium Act, section 718.116(6)(c), Florida . . . (5)(a) ; section 718.116(6)(a) authorizes an action in the association's name "to foreclose a lien for . . . This power, whether based on (1) the court's statutory authority conferred by section 718.116(6) of the . . . provision governing liens for condominium assessments vis-a-vis first mortgages of record ( section 718.116 . . .
. . . apparently paid the assessment, a prudent act that avoided a lien foreclosure lawsuit under section 718.116 . . .
. . . Section 718.116(1)(a) provides that a condominium unit owner "is liable for all assessments which come . . . due while he or she is the unit owner." § 718.116(1)(a), Fla Stat. (2017). . . . Section 718.116(3) further provides that unpaid assessments shall bear interest from the due date until . . . Pursuant to section 718.116(3) and the Declaration of Condominium, the Association sought to recover . . . Under the plain and unambiguous language of section 718.116(3), the Association was entitled to recover . . .
. . . amount of unpaid assessments, and specifically sought the "Safe Harbor" amounts pursuant to section 718.116 . . . response, but failed to account for the Safe Harbor protection offered to first mortgagees under section 718.116 . . . which sought, inter alia, compliance with and entitlement to the Safe Harbor provisions of section 718.116 . . . and not Fannie Mae) owned the loan such that Fannie Mae was not entitled to safe harbor under section 718.116 . . . from 2007 through the sale of the unit in 2013; and that all of the remaining requirements of section 718.116 . . .
. . . Although section 718.116(5)(a), Florida Statutes, provides that an association's later-filed claim of . . . a claim of lien in the public records of the county in which the condominium parcel is located." § 718.116 . . . Jun. 13, 2017) ; § 718.116(5)(a), Fla. Stat. . . .
. . . Because the association has a lien on the unit by virtue of section 718.116(5)(a), Florida Statute (2016 . . . Section 718.116 clearly states that an association has a lien on each parcel, and implies that a claim . . . of a claim of hen in the public records of the county in which the condominium parcel is located. § 718.116 . . . Consequently, under section 718.116, where a declaration of condominium is recorded, such as in the instant . . . He indicated that a “statutory hen” is created by section 718.116(5)(a) and that a recorded claim of . . .
. . . units within the 312-unit condominium that were delinquent in their payment of assessments, section 718.116 . . .
. . . See § 718.116(5)(a), Fla. . . . See § 718.116(5)(c), Fla. Stat. (2009). . . . See § 718.116(5)(b), (5)(c), (6)(b), Fla. Stat. (2010). . . .
. . . . §§ 718.116(8)(b), 720.30851(2). . . . Stat §§ 718.116(l)(b)(l) (the "Condo Statute”) and 720.3085(2)(c) (the "HOA Statute"). . . . Under Sections 718.116(8) and 720.30851, upon request and within 15 days, an Association must provide . . . Stat. § 718.116(8)(c). . . . . that have been required to pay in excess of the statutory limit provided by Florida Statutes Chapters 718.116 . . .
. . . collect payments under a loan, was entitled to the benefit of the safe harbor provision of section 718.116 . . . Freddie Mac became jointly and severally liable with any balance owed by Bayview pursuant to section 718.116 . . . On appeal, the Association argues that the safe harbor provision of section 718.116(l)(b) is limited . . . Section 718.116(l)(a) provides that “a unit owner is jointly and severally liable with the previous owner . . . The statute defines “successor or assignee” as “a subsequent holder of the first mortgage.” § 718.116 . . .
. . . .-, see also § 718.116(5)(a), Fla. . . .
. . . Bank National Association (“U.S.Bank”) qualified for safe harbor under section 718.116(l)(b), Florida . . . order for a foreclosing party to limit its liability pursuant to the safe harbor provisions of section 718.116 . . .
. . . from seeking entitlement to the safe harbor protection for unpaid assessments contained in section 718.116 . . . Accordingly, the LLC maintained that PNC Bank was no longer entitled to section 718.116’s safe harbor . . . assessment lien superior to the mortgage lien, thereby precluding PNC Bank’s entitlement to section 718.116 . . . One percent of the original mortgage debt.... §■ 718.116(l)(b)l., Fla. Stat. . . . See § 718.116(5)(a), Fla. Stat. . . .
. . . Bank met the statutory requirements entitling it to limited liability under section 718.116(l)(b) as . . . The statute at issue, section 718.116, is part of the Condominium Act, chapter 718, Florida Statutes. . . . Subsection (l)(b), the limited liability or safe harbor provision of section 718.116, provides that “ . . . Bank to be entitled to limited liability under section 718.116. . . . The starting point for our analysis is the text of section 718.116. See Heart of Adoptions, Inc. v. . . .
. . . Croix Lane Trust, section 718.116(3) read, in pertinent part:. . . . Croix Lane Trust held that the same language in section 718.116(3) had no such effect. . . . to retroactively apply a newer version of section 718.116(3). . . . Croix Lane Trust, the bill amending section 718.116(3) was introduced into the leg? . . . As previously noted, the version of section 718.116(3) analyzed by the St. . . .
. . . See also § 718.116(5)(a), Fla. Stat. (2006). . . . The Bank directed the trial court to section 718.116(5)(a), Florida Statutes, which establishes the priority . . . herein, a priority which, by law, the lien, mortgage, or judgment did not have before that date. § 718.116 . . .
. . . claims of the defendant with the exception of any assessments that are superior pursuant to sections 718.116 . . . For example, section 718.116(5)(a), Florida Statutes (2011) provides: The association has a lien on each . . . Association may enforce its interests in the unpaid assessments through foreclosure of its claim of lien. § 718.116 . . .
. . . See •§ 718.116(l)(a), Fla. . . . to any right the'owner may have to recover from the previous owner the amounts paid by the owner. § 718.116 . . . . 3d DCA 2013) (quoting Spiaggia I, 105 So.3d at 639) make clear, under the 2013 version of section 718.116 . . . Thus, as section 718.116(l)(a) confirms, because Bona Vista and FNS6 are jointly and severally hable . . . See § 718.116(l)(a), Fla. . . .
. . . Croix and Ward addressed section 718.116(3), Florida Statutes, the section of the condominium association . . .
. . . . § 718.116. . Doc. No. 60-4, Sec. I. . Doc. No. 60-4, Sec. XIII, ¶ I. . . . . Stat. § 718.116(1)(a) ("A unit owner, regardless of how his or her title has been acquired, including . . .
. . . Hidden Ridge answered, claiming an interest in the condo based upon its lien rights pursuant to section 718.116 . . .
. . . See § 718.116, Fla. Stat. (2014). . . .
. . . AmTrust argued that it was entitled to ■ the safe harbor provision of section 718.116(l)(b), Florida . . . Specifically, section 718.116(l)(b) provides: (b) 1. . . .
. . . Fannie Mae argued that the amount was limited under safe harbor provisions in section 718.116, Florida . . . Its cause of action was based not upon the underlying foreclosure suit but upon section 718.116 and the . . . first-priority mortgage at issue and was therefore entitled to the safe harbor provision of section 718.116 . . .
. . . affirmatively pleaded that BOA was entitled to the benefit of the assessment liability limitation under section 718.116 . . . Stat. § 718.116, the Plaintiffs lien is superior to any title and interest to any condominium assessments . . . claims of the defendants, with the exception of any assessments'that are superior pursuant to Sections 718.116 . . . argued that its liability for unpaid assessments was limited pursuant to the express terms of section 718.116 . . . apply only if the first mortgagee joined the association as a defendant in the foreclosure action. § 718.116 . . .
. . . issue of whether Space Coast was entitled to the statutory limitation on liability set forth in section 718.116 . . . Specifically, Space Coast sought a ruling that it was entitled to the safe harbor provision of section 718.116 . . . court disagreed and granted Space Coast’s motion, limiting Space Coast’s liability pursuant to section 718.116 . . . not specifically reserve jurisdiction to determine the amount of assessments due pursuant to section 718.116 . . . specifically reserve jurisdiction to determine the amount of assessments due pursuant to section [] 718.116 . . .
. . . final judgment and to determine amounts due to the Association for unpaid assessments under section 718.116 . . . claims against title and interest except for unpaid condominium assessments as provided in section 718.116 . . .
. . . (regarding its obligation to pay past-due condominium fees) of the safe-harbor provision of section 718.116 . . . REO responded, by letter, invoking the safe-harbor provisions of section 718.116. . . . response arguing that REO was not authorized to benefit from the safe-harbor provisions of section 718.116 . . . because the trial court lacked the authority to issue a post-judgment order on the issue of section 718.116 . . . Section 718.116 of Florida's Condominium Act provides, in relevant part: 718.116. . . .
. . . which is received after the date of this letter will be applied in accordance with Florida Statute § 718.116 . . . which is received after the date of this letter will be applied in accordance with Florida Statute § 718.116 . . .
. . . . § 718.116(2014). . Doc. 1-3, Exhibit K. . In re Plummer, 513 B.R. 135 (Bankr. . . .
. . . . § 718.116(5)(a), Fla. Stat. . . . plaintiff Bank to pay condominium assessments earlier and in amounts in excess of those required by section 718.116 . . . parties’ liens, based on any evidence submitted by the parties and the application of sections 695.11 and 718.116 . . . claims of lien by the Association, perhaps to preserve the effectiveness of the claim under section 718.116 . . . Section 718.116(5)(a) provides: (5)(a) The association has a lien on each condominium parcel to secure . . .
. . . Defendant’s Motion to Determine Amounts Due,” finding that Beltway could not seek safe harbor under section 718.116 . . . Section 718.116(l)(b), Florida Statutes, only includes the original lender, the lender’s successor, and . . . The Plaintiff is subject to the requirements of section 718.116(l)(a), Florida Statutes. 6. . . . Merits Section 718.116(l)(a), Florida Statutes (2012), part of the Condominium Act, not only makes a . . . Neither section 718.116 nor any other part of the Condominium Act define the term “first mortgagee.” . . .
. . . Because the circuit court erred in relying on section 718.116(3), Florida Statutes (2011), in ruling . . . By operation of § 718.116(3), Fla. Stat. . . . The Association argues that section 718.116(3) of the Condominium Act requires a different result. . . . Kli-ger, 983 So.2d 739 (Fla. 3d DCA 2008), can be read to interpret section 718.116(3) differently. . . . However, we do not find its discussion of section 718.116(3) persuasive here for two reasons. . . .
. . . In its Answer, the Associations asserted entitlement to assessments pursuant to sections 718.116 and . . . claim of the defendants” with the exception of any assessments that are superior pursuant to section 718.116 . . . Central’s lien is superior to the Associations’ liens, except with respect to assessments under section 718.116 . . . not specifically reserve jurisdiction to determine the amount of assessments due pursuant to sections 718.116 . . .
. . . assessments that come due after the date of the petition that would otherwise be owed under Florida Statute 718.116 . . .
. . . sufficiency of the service by publication and the content of the amended claim of lien under section 718.116 . . . Section 718.116(5)(b), Florida Statutes, states that a claim of lien by a condominium association for . . .
. . . The trial court ruled that appellant was liable for the unpaid assessments under section 718.116(l)(a . . . In response, the Association argues that liability for unpaid assessments under section 718.116(l)(a) . . . Section 718.116(l)(a), by contrast, addresses liability for assessments on condominiums and provides . . . Section 718.116(1)(a) contains language that is identical in all relevant respects to the language of . . . Therefore, section 718.116(1)(a) does not save liens for unpaid assessments from extinguishment under . . .
. . . an es-toppel certificate that complies with the limited liability protection afforded under section 718.116 . . . (l)(b), Florida Statutes; (Count II) declaratory judgment as to its rights under section 718.116(l)(b . . . Stat. § 718.116(l)(b) and required to pay the Defendant the lesser of 1% of the original mortgage, or . . . Stat. § 718.116, and the limited liability afforded to first mortgagees or their successors or assigns . . . (l)(b)(l) but rather falls under the purview of Florida Statute § 718.116(l)(a). . . .
. . . from the note and mortgage, and the Association’s secondary rights statutorily provided in section 718.116 . . . Spiaggia argued that Aventura Management was liable under section 718.116(l)(a), which provides in pertinent . . . The trial court interpreted section 718.116- as providing that Aventura Management, as the current owner . . .
. . . See § 718.116(3), Fla. Stat. . . . (defining "special assessments”). . § 718.116(3), Fla. . . . CS for 1465 § 9 (1991) (introducing current § 718.116(1), Fla. Stat.) . . . . (defining "governing documents"). . §§ 718.116(1) Fla. Stat.; § 720.3085(2)(a), Fla. . . . . § 718.116(3), Fla. Stat.; see also § 720.3085(3), Fla. Stat. . . .
. . . Section 718.116(l)(b), Florida Statutes (2012), capped the Bank’s liability for condominium assessments . . . claim that the Association’s assessments were capped at the statutory máximums mandated by section 718.116 . . .
. . . Pursuant to section 718.116, Florida Statutes (2010), the Association filed an action against Marshall . . .
. . . Stat. (2004) (providing superiority for tax deeds except to municipal liens); § 718.116(5)(a), Fla. . . .
. . . Ocean Condominium Association, Inc., 105 So.3d 637 (Fla. 3d DCA 2013), where we held that under section 718.116 . . .
. . . correctly in my view, that Spiagga Ocean Condominium Association’s statutory lien, afforded by section 718.116 . . . To this end, section 718.116(8)(a), Florida Statutes (2008), obligates a condominium association, upon . . . Aventura Management, LLC and the majority focus almost exclusively on subsection (l)(a) of section 718.116 . . . Section 718.116 expressly authorizes the condominium association to proceed in the alternative as befits . . . See § 718.116(6)(a), Fla. . . . Appellee maintained that, as third party purchaser, Appellant was liable under section 718.116(l)(a), . . . the previous owner for all unpaid assessments that came due up to the time of transfer of title.” § 718.116 . . . To that end, section 718.116(5)(a) provides “[t]he association has a hen on each condominium parcel to . . . secure the payments of assessments.” § 718.116(5)(a), Fla. . . . Similarly, section 718.116(6)(a) states, in pertinent part, “[t]he association may bring an action in . . .
. . . And while Florida statutes section 718.116 does give the condominium association certain rights against . . . Florida Case Law As Modified by Florida Statute 718.116. . . . Stat. § 718.116(5)(a). . Id. . Id. . Fla. Stat. § 718.116(l)(a). . Fla. Stat. § 718.116(l)(b)(l). . . . . Stat. § 718.116(5)(a). . 11 U.S.C. § 1322(b)(2). . Id. . . . . Stat. § 718.116(c). .Doc. No. 29, at ¶ 10. . . . .
. . . Section 718.116(5)(b), Florida Statutes, provides that “[t]o be valid, a claim of lien must state ... . . .
. . . . § 718.116(2). . . . This attempt violated en masse Section 718.116(2). . . .
. . . The heart of OneW-est’s argument is Florida Statutes section 718.116(l)(b), which specifically limits . . . Stat. § 718.116(l)(b) (2010). . . . Citing section 718.116(l)(b), at least two Florida appellate courts denied essentially the same relief . . . OneWest asserts that section 718.116(1)(b) requires the same result in this case. . . . Therefore, § 506(c) preempts Florida Statutes section 718.116(l)(b). . . .
. . . requiring a bank to pay condominium assessments while foreclosure proceedings are pending since section 718.116 . . .
. . . . § 718.116(5)(b) Fla. Stat. (2008); § 718.116(10) Fla. Stat. (2008); Ferry-Morse Seed Co. v. . . .
. . . Nor, as section 718.116(l)(b), Florida Statutes (2009) confirms, is it legally obligated to do so before . . . Ass’n, 895 So.2d 1197, 1197 (Fla. 3d DCA 2005) (noting that section 718.116(1) is a “safe harbor provision . . .
. . . .” § 718.116(3), Fla. Stat. (2004) (emphasis added). . . . to reduce the amount in controversy in a collection action — despite the clear protection of section 718.116 . . .
. . . The association may use the provisions of s. 718.116 to enforce payment of the shares of such costs by . . .
. . . .” § 718.116(l)(a), Fla. Stat. (2004). . . . .” § 718.116(6)(a). . . . Section 718.116(6)(a) contemplates two possible actions the Association might have pursued — “an action . . .
. . . an adverse judgment below holding that it does not come under the safe harbor provision of section 718.116 . . . Section 718.116(1) provides a statutory cap on liability of foreclosing mortgagees for unpaid condominium . . . See § 718.116(1), Fla. Stat. . . .
. . . . §§ 718.116(5)(b), 559.72(9). . . .
. . . of the association, the Developer was operating under the developer guarantee provision of section 718.116 . . . acknowledged that the condominium was being operated under a developer guarantee authorized by section 718.116 . . .
. . . acknowledged receipt of the check and indicated that it would apply the payment pursuant to section 718.116 . . .
. . . the assessments for termite damage repairs, roof repairs, and roof replacement pursuant to section 718.116 . . . Section 718.116(5)(b), Florida Statutes (2002), states: [t]o be valid, a claim of lien must state the . . . Section 718.116(6)(a) states that the action to foreclose a lien is brought in the same manner as an . . . Section 718.116(3) references interest on assessments and installment payments on those assessments which . . .
. . . See § 718.116(b)(1), Fla. . . .
. . . to the recovery of attorney’s fees and costs as the prevailing party pursuant to Florida Statute § 718.116 . . .
. . . . § 718.116(6)(b), Fla. Stat. (2000); Ralph v. . . .
. . . See § 718.116(6)(a), Fla. Stat. (1997). . . . See § 718.116(6)(a); see also Mellor v. Goldberg, 658 So.2d 1162 (Fla. 2d DCA 1995); Gottschamer v. . . .
. . . We hold that section 718.116, Florida Statutes (1993), limits the mortgagee’s liability in this ease . . . Such an owner would remain liable for the assessments as a “grantor” within the meaning of section 718.116 . . . Under section 718.116(5)(a), an association’s lien for unpaid assessments is effective as to a first . . .
. . . See § 718.116, Fla. Stat. (1995); Karpay v. . . .
. . . documents recorded in 1974 take priority over a second mortgage recorded in 1980 pursuant to Section 718.116 . . .
. . . determine that there are factual and legal issues to be resolved concerning the application of sections 718.116 . . . (l)(a) and 718.116(9), Florida Statutes, and the legal effect of the release óf three condominium units . . .
. . . created through recordation of the declaration, until the sale of the units, in violation of section 718.116 . . . Section 718.116 is the section of the Condominium Act requiring all unit owners, regardless of how title . . .
. . . The check should have been deposited and applied in accordance with the priorities recited in section 718.116 . . .
. . . regarding deficiency judgments in mortgage foreclosure actions is applicable here, because section 718.116 . . .
. . . pending motion for appellate attorney’s fees, pursuant to the Declaration of Condominium and section 718.116 . . .
. . . attorney’s fees as the prevailing party in the foreclosure action pursuant to Florida Statutes, Section 718.116 . . . See §§ 718.116(5)(a), (6)(a) Fla. Stat. (1993). . . . . § 718.116(10) Fla.Stat. (1993) (“The specific purpose or purposes of any special assessment approved . . . See § 718.116(6)(a), Fla.Stat. (1993) (“The Association is entitled to recover its reasonable attorney . . .
. . . Association, Inc., filed a complaint to foreclose a claim of lien for condominium assessments under section 718.116 . . . asserted in this court that the notice of intent to foreclose the lien was deficient under subsection 718.116 . . .
. . . See § 718.116 Fla.Stat. . . .
. . . Section 718.116(l)(a), Florida Statutes (1993), which governs only condominium assessments, limits the . . .
. . . AFFIRMED without prejudice for appel-lees to pursue their claim, if any, pursuant to section 718.116, . . .
. . . Count I sought to foreclose a claim of lien for condominium assessments under section 718.116, Florida . . .
. . . The trial court denied the motion, concluding that, under section 718.116, Florida Statutes (1991), the . . . Compare § 718.116, Fla.Stat. (1992). . . . . These issues include whether section 718.116, Florida Statutes (1991), precludes imposing such assessments . . .
. . . Section 718.116(2), Fla.Stat. (1981). . . . Section 718.116(8), Fla.Stat. (1981). . . .
. . . Section 718.116(9)(a), Florida Statutes (1991), provides that no unit owner may be excused from paying . . .
. . . We also agree with appellants that section 718.116(4), Florida Statutes (1985), would apply to any assessment . . .
. . . See also section 718.116(4)(a), Florida Statutes. . . .
. . . defining “common elements”), 718.103(16) (defining “limited common elements”), 718.108, 718.115(1), 718.116 . . .
. . . Roose, 348 So.2d 610, 611 (Fla. 4th DCA 1977); § 718.116(6), Fla.Stat. (1985). . . .
. . . of Lien for the unpaid assessments and must proceed pursuant to the provisions of Florida Statutes §718.116 . . .
. . . association foreclosed a hen for unpaid assessments, costs and attorney’s fees pursuant to Section 718.116 . . .
. . . 22, 1983. .The Association is authorized to make and collect assessments pursuant to Florida Statute 718.116 . . .
. . . We do not find that section 718.116 is a model of clarity in establishing the personal liability of parties . . . It is clear from section 718.116(l)(a) that a “grantee shall be jointly and severally liable with a grantor . . .
. . . the Defendant owned “condominium parcels”, which were subject to assessment by the Plaintiff under § 718.116 . . . coming due while he is the owner of the unit. 10. § 711.15(1) has been amended and is now codified as § 718.116 . . .
. . . complaint seeking to foreclose a claim of lien for condominium assessments made pursuant to section 718.116 . . .
. . . Under section 718.116(8)(b), Florida Statutes (1983): A developer or other person owning condominium . . . shall not apply to budgets in which the level of assessments has been guaranteed pursuant to Section 718.116 . . . strategy could be countenanced, the attempt fails here for failure to comply with the language of Section 718.116 . . .
. . . amended answer, the defendants raised an additional affirmative defense — immunity pursuant to section 718.116 . . . Section 718.116(8)(b), Florida Statutes (1983), permits excusing a developer from paying his share of . . . As appellants point out, section 718.116(8)(a), Florida Statutes (1983), permits a four months’ grace . . .
. . . . § 718.116(4) at O.R. 6260, Page 2021. . . . Nothing in Fla.Stat. § 718.116(4) indicates that post-petition recordation would relate back to a time . . . of lien by the Association constituted a violation of the automatic stay because under Florida law § 718.116 . . .
. . . notice to the appellant of the foreclosure proceedings or compliance with the provisions of Section 718.116 . . .
. . . the Developer of the Colonial Isle Condominiums with failure to pay assessments required by section 718.116 . . . The Division had the power to enforce compliance with section 718.116(1). . . .
. . . purport to transform a fine into a common expense and thus make the fine enforceable under section 718.116 . . .
. . . .; § 718.116(8)(a), Fla.Stat. (1983), does not support the majority’s conclusion here. . . .
. . . . §§ 57.041, 718.116(4)(a), 718.303(1), Fla.Stat. (1981). . . .