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Florida Statute 718.116 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY
Chapter 718
CONDOMINIUMS
View Entire Chapter
F.S. 718.116
718.116 Assessments; liability; lien and priority; interest; collection.
(1)(a) A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments which come due while he or she is the unit owner. Additionally, a unit owner is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the owner may have to recover from the previous owner the amounts paid by the owner. For the purposes of this paragraph, the term “previous owner” does not include an association that acquires title to a delinquent property through foreclosure or by deed in lieu of foreclosure. A present unit owner’s liability for unpaid assessments is limited to any unpaid assessments that accrued before the association acquired title to the delinquent property through foreclosure or by deed in lieu of foreclosure.
(b)1. The liability of a first mortgagee or its successor or assignees who acquire title to a unit by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due before the mortgagee’s acquisition of title is limited to the lesser of:
a. The unit’s unpaid common expenses and regular periodic assessments which accrued or came due during the 12 months immediately preceding the acquisition of title and for which payment in full has not been received by the association; or
b. One percent of the original mortgage debt. The provisions of this paragraph apply only if the first mortgagee joined the association as a defendant in the foreclosure action. Joinder of the association is not required if, on the date the complaint is filed, the association was dissolved or did not maintain an office or agent for service of process at a location which was known to or reasonably discoverable by the mortgagee.
2. An association, or its successor or assignee, that acquires title to a unit through the foreclosure of its lien for assessments is not liable for any unpaid assessments, late fees, interest, or reasonable attorney’s fees and costs that came due before the association’s acquisition of title in favor of any other association, as defined in s. 718.103 or s. 720.301(9), which holds a superior lien interest on the unit. This subparagraph is intended to clarify existing law.
(c) The person acquiring title shall pay the amount owed to the association within 30 days after transfer of title. Failure to pay the full amount when due shall entitle the association to record a claim of lien against the parcel and proceed in the same manner as provided in this section for the collection of unpaid assessments.
(d) With respect to each timeshare unit, each owner of a timeshare estate therein is jointly and severally liable for the payment of all assessments and other charges levied against or with respect to that unit pursuant to the declaration or bylaws, except to the extent that the declaration or bylaws may provide to the contrary.
(e) Notwithstanding the provisions of paragraph (b), a first mortgagee or its successor or assignees who acquire title to a condominium unit as a result of the foreclosure of the mortgage or by deed in lieu of foreclosure of the mortgage shall be exempt from liability for all unpaid assessments attributable to the parcel or chargeable to the previous owner which came due prior to acquisition of title if the first mortgage was recorded prior to April 1, 1992. If, however, the first mortgage was recorded on or after April 1, 1992, or on the date the mortgage was recorded, the declaration included language incorporating by reference future amendments to this chapter, the provisions of paragraph (b) shall apply.
(f) The provisions of this subsection are intended to clarify existing law, and shall not be available in any case where the unpaid assessments sought to be recovered by the association are secured by a lien recorded prior to the recording of the mortgage. Notwithstanding the provisions of chapter 48, the association shall be a proper party to intervene in any foreclosure proceeding to seek equitable relief.
(g) For purposes of this subsection, the term “successor or assignee” as used with respect to a first mortgagee includes only a subsequent holder of the first mortgage.
(2) The liability for assessments may not be avoided by waiver of the use or enjoyment of any common element or by abandonment of the unit for which the assessments are made.
(3) Assessments and installments on assessments which are not paid when due bear interest at the rate provided in the declaration, from the due date until paid. The rate may not exceed the rate allowed by law, and, if no rate is provided in the declaration, interest accrues at the rate of 18 percent per year. If provided by the declaration or bylaws, the association may, in addition to such interest, charge an administrative late fee of up to the greater of $25 or 5 percent of each delinquent installment for which the payment is late. Any payment received by an association must be applied first to any interest accrued by the association, then to any administrative late fee, then to any costs and reasonable attorney fees incurred in collection, and then to the delinquent assessment. The foregoing is applicable notwithstanding s. 673.3111, any purported accord and satisfaction, or any restrictive endorsement, designation, or instruction placed on or accompanying a payment. The preceding sentence is intended to clarify existing law. A late fee is not subject to chapter 687 or s. 718.303(4).
(4) If the association is authorized by the declaration or bylaws to approve or disapprove a proposed lease of a unit, the grounds for disapproval may include, but are not limited to, a unit owner being delinquent in the payment of an assessment at the time approval is sought.
(5)(a) The association has a lien on each condominium parcel to secure the payment of assessments. Except as otherwise provided in subsection (1) and as set forth below, the lien is effective from and shall relate back to the recording of the original declaration of condominium, or, in the case of lien on a parcel located in a phase condominium, the last to occur of the recording of the original declaration or amendment thereto creating the parcel. However, as to first mortgages of record, the lien is effective from and after recording of a claim of lien in the public records of the county in which the condominium parcel is located. Nothing in this subsection shall be construed to bestow upon any lien, mortgage, or certified judgment of record on April 1, 1992, including the lien for unpaid assessments created herein, a priority which, by law, the lien, mortgage, or judgment did not have before that date.
(b) To be valid, a claim of lien must state the description of the condominium parcel, the name of the record owner, the name and address of the association, the amount due, and the due dates. It must be executed and acknowledged by an officer or authorized agent of the association. The lien is not effective 1 year after the claim of lien was recorded unless, within that time, an action to enforce the lien is commenced. The 1-year period is automatically extended for any length of time during which the association is prevented from filing a foreclosure action by an automatic stay resulting from a bankruptcy petition filed by the parcel owner or any other person claiming an interest in the parcel. The claim of lien secures all unpaid assessments that are due and that may accrue after the claim of lien is recorded and through the entry of a final judgment, as well as interest, administrative late fees, and all reasonable costs and attorney fees incurred by the association incident to the collection process. Upon payment in full, the person making the payment is entitled to a satisfaction of the lien.
(c) By recording a notice in substantially the following form, a unit owner or the unit owner’s agent or attorney may require the association to enforce a recorded claim of lien against his or her condominium parcel:

NOTICE OF CONTEST OF LIEN

TO:   (Name and address of association)   You are notified that the undersigned contests the claim of lien filed by you on  ,   (year)  , and recorded in Official Records Book   at Page  , of the public records of   County, Florida, and that the time within which you may file suit to enforce your lien is limited to 90 days from the date of service of this notice. Executed this   day of  ,   (year)  .

Signed:   (Owner or Attorney)  

After notice of contest of lien has been recorded, the clerk of the circuit court shall mail a copy of the recorded notice to the association by certified mail, return receipt requested, at the address shown in the claim of lien or most recent amendment to it and shall certify to the service on the face of the notice. Service is complete upon mailing. After service, the association has 90 days in which to file an action to enforce the lien; and, if the action is not filed within the 90-day period, the lien is void. However, the 90-day period shall be extended for any length of time during which the association is prevented from filing its action because of an automatic stay resulting from the filing of a bankruptcy petition by the unit owner or by any other person claiming an interest in the parcel.

(d) A release of lien must be in substantially the following form:

RELEASE OF LIEN

The undersigned lienor, in consideration of the final payment in the amount of $ , hereby waives and releases its lien and right to claim a lien for unpaid assessments through  ,   (year)  , recorded in the Official Records Book   at Page  , of the public records of   County, Florida, for the following described real property:

UNIT NO.   OF   (NAME OF CONDOMINIUM)  , A CONDOMINIUM AS SET FORTH IN THE DECLARATION OF CONDOMINIUM AND THE EXHIBITS ANNEXED THERETO AND FORMING A PART THEREOF, RECORDED IN OFFICIAL RECORDS BOOK  , PAGE  , OF THE PUBLIC RECORDS OF   COUNTY, FLORIDA. THE ABOVE DESCRIPTION INCLUDES, BUT IS NOT LIMITED TO, ALL APPURTENANCES TO THE CONDOMINIUM UNIT ABOVE DESCRIBED, INCLUDING THE UNDIVIDED INTEREST IN THE COMMON ELEMENTS OF SAID CONDOMINIUM.

  (Signature of Authorized Agent)         (Signature of Witness)  

  (Print Name)         (Print Name)  

  (Signature of Witness)  

  (Print Name)  

Sworn to (or affirmed) and subscribed before me this   day of  ,   (year)  , by   (name of person making statement)  .

  (Signature of Notary Public)  

  (Print, type, or stamp commissioned name of Notary Public)  

Personally Known  OR Produced  as identification.

(6)(a) The association may bring an action in its name to foreclose a lien for assessments in the manner a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid assessments without waiving any claim of lien. The association is entitled to recover its reasonable attorney’s fees incurred in either a lien foreclosure action or an action to recover a money judgment for unpaid assessments.
(b) No foreclosure judgment may be entered until at least 45 days after the association gives written notice to the unit owner of its intention to foreclose its lien to collect the unpaid assessments. The notice must be in substantially the following form:

DELINQUENT ASSESSMENT

This letter is to inform you a Claim of Lien has been filed against your property because you have not paid the   (type of assessment)   assessment to   (name of association)  . The association intends to foreclose the lien and collect the unpaid amount within 45 days of this letter being provided to you.

You owe the interest accruing from   (month/year)   to the present. As of the date of this letter, the total amount due with interest is $ . All costs of any action and interest from this day forward will also be charged to your account.

Any questions concerning this matter should be directed to   (insert name, addresses, and telephone numbers of association representative)  .

If this notice is not given at least 45 days before the foreclosure action is filed, and if the unpaid assessments, including those coming due after the claim of lien is recorded, are paid before the entry of a final judgment of foreclosure, the association shall not recover attorney fees or costs. The notice must be given by delivery of a copy of it to the unit owner or by certified or registered mail, return receipt requested, addressed to the unit owner at his or her last known address; and, upon such mailing, the notice shall be deemed to have been given, and the court shall proceed with the foreclosure action and may award attorney fees and costs as permitted by law. The notice requirements of this subsection are satisfied if the unit owner records a notice of contest of lien as provided in subsection (5). The notice requirements of this subsection do not apply if an action to foreclose a mortgage on the condominium unit is pending before any court; if the rights of the association would be affected by such foreclosure; and if actual, constructive, or substitute service of process has been made on the unit owner.

(c) If the unit owner remains in possession of the unit after a foreclosure judgment has been entered, the court, in its discretion, may require the unit owner to pay a reasonable rental for the unit. If the unit is rented or leased during the pendency of the foreclosure action, the association is entitled to the appointment of a receiver to collect the rent. The expenses of the receiver shall be paid by the party which does not prevail in the foreclosure action.
(d) The association has the power to purchase the condominium parcel at the foreclosure sale and to hold, lease, mortgage, or convey it.
(7) A first mortgagee acquiring title to a condominium parcel as a result of foreclosure, or a deed in lieu of foreclosure, may not, during the period of its ownership of such parcel, whether or not such parcel is unoccupied, be excused from the payment of some or all of the common expenses coming due during the period of such ownership.
(8) Within 10 business days after receiving a written or electronic request therefor from a unit owner or the unit owner’s designee, or a unit mortgagee or the unit mortgagee’s designee, the association shall issue the estoppel certificate. Each association shall designate on its website a person or entity with a street or e-mail address for receipt of a request for an estoppel certificate issued pursuant to this section. The estoppel certificate must be provided by hand delivery, regular mail, or e-mail to the requestor on the date of issuance of the estoppel certificate.
(a) An estoppel certificate may be completed by any board member, authorized agent, or authorized representative of the association, including any authorized agent, authorized representative, or employee of a management company authorized to complete this form on behalf of the board or association. The estoppel certificate must contain all of the following information and must be substantially in the following form:

1. Date of issuance: 

2. Name(s) of the unit owner(s) as reflected in the books and records of the association: 

3. Unit designation and address: 

4. Parking or garage space number, as reflected in the books and records of the association: 

5. Attorney’s name and contact information if the account is delinquent and has been turned over to an attorney for collection. No fee may be charged for this information.

6. Fee for the preparation and delivery of the estoppel certificate: 

7. Name of the requestor: 

8. Assessment information and other information:

ASSESSMENT INFORMATION:

a. The regular periodic assessment levied against the unit is $  per   (insert frequency of payment)  .

b. The regular periodic assessment is paid through   (insert date paid through)  .

c. The next installment of the regular periodic assessment is due   (insert due date)   in the amount of $ .

d. An itemized list of all assessments, special assessments, and other moneys owed on the date of issuance to the association by the unit owner for a specific unit is provided.

e. An itemized list of any additional assessments, special assessments, and other moneys that are scheduled to become due for each day after the date of issuance for the effective period of the estoppel certificate is provided. In calculating the amounts that are scheduled to become due, the association may assume that any delinquent amounts will remain delinquent during the effective period of the estoppel certificate.

OTHER INFORMATION:

f. Is there a capital contribution fee, resale fee, transfer fee, or other fee due?  (Yes)  (No). If yes, specify the type and the amount of the fee.

g. Is there any open violation of rule or regulation noticed to the unit owner in the association official records?  (Yes)  (No).

h. Do the rules and regulations of the association applicable to the unit require approval by the board of directors of the association for the transfer of the unit?  (Yes)  (No). If yes, has the board approved the transfer of the unit?  (Yes)  (No).

i. Is there a right of first refusal provided to the members or the association?  (Yes)  (No). If yes, have the members or the association exercised that right of first refusal?  (Yes)  (No).

j. Provide a list of, and contact information for, all other associations of which the unit is a member.

k. Provide contact information for all insurance maintained by the association.

l. Provide the signature of an officer or authorized agent of the association.

The association, at its option, may include additional information in the estoppel certificate.

(b) An estoppel certificate that is hand delivered or sent by electronic means has a 30-day effective period. An estoppel certificate that is sent by regular mail has a 35-day effective period. If additional information or a mistake related to the estoppel certificate becomes known to the association within the effective period, an amended estoppel certificate may be delivered and becomes effective if a sale or refinancing of the unit has not been completed during the effective period. A fee may not be charged for an amended estoppel certificate. An amended estoppel certificate must be delivered on the date of issuance, and a new 30-day or 35-day effective period begins on such date.
(c) An association waives the right to collect any moneys owed in excess of the amounts specified in the estoppel certificate from any person who in good faith relies upon the estoppel certificate and from the person’s successors and assigns.
(d) If an association receives a request for an estoppel certificate from a unit owner or the unit owner’s designee, or a unit mortgagee or the unit mortgagee’s designee, and fails to deliver the estoppel certificate within 10 business days, a fee may not be charged for the preparation and delivery of that estoppel certificate.
(e) A summary proceeding pursuant to s. 51.011 may be brought to compel compliance with this subsection, and in any such action the prevailing party is entitled to recover reasonable attorney fees.
(f) Notwithstanding any limitation on transfer fees contained in s. 718.112(2)(k), an association or its authorized agent may charge a reasonable fee for the preparation and delivery of an estoppel certificate, which may not exceed $250, if, on the date the certificate is issued, no delinquent amounts are owed to the association for the applicable unit. If an estoppel certificate is requested on an expedited basis and delivered within 3 business days after the request, the association may charge an additional fee of $100. If a delinquent amount is owed to the association for the applicable unit, an additional fee for the estoppel certificate may not exceed $150.
(g) If estoppel certificates for multiple units owned by the same owner are simultaneously requested from the same association and there are no past due monetary obligations owed to the association, the statement of moneys due for those units may be delivered in one or more estoppel certificates, and, even though the fee for each unit shall be computed as set forth in paragraph (f), the total fee that the association may charge for the preparation and delivery of the estoppel certificates may not exceed, in the aggregate:
1. For 25 or fewer units, $750.
2. For 26 to 50 units, $1,000.
3. For 51 to 100 units, $1,500.
4. For more than 100 units, $2,500.
(h) The authority to charge a fee for the preparation and delivery of the estoppel certificate must be established by a written resolution adopted by the board or provided by a written management, bookkeeping, or maintenance contract and is payable upon the preparation of the certificate. If the certificate is requested in conjunction with the sale or mortgage of a unit but the closing does not occur and no later than 30 days after the closing date for which the certificate was sought the preparer receives a written request, accompanied by reasonable documentation, that the sale did not occur from a payor that is not the unit owner, the fee shall be refunded to that payor within 30 days after receipt of the request. The refund is the obligation of the unit owner, and the association may collect it from that owner in the same manner as an assessment as provided in this section. The right to reimbursement may not be waived or modified by any contract or agreement. The prevailing party in any action brought to enforce a right of reimbursement shall be awarded damages and all applicable attorney fees and costs.
(i) The fees specified in this subsection shall be adjusted every 5 years in an amount equal to the total of the annual increases for that 5-year period in the Consumer Price Index for All Urban Consumers, U.S. City Average, All Items. The Department of Business and Professional Regulation shall periodically calculate the fees, rounded to the nearest dollar, and publish the amounts, as adjusted, on its website.
(9)(a) A unit owner may not be excused from payment of the unit owner’s share of common expenses unless all other unit owners are likewise proportionately excluded from payment, except as provided in subsection (1) and in the following cases:
1. If authorized by the declaration, a developer who is offering units for sale may elect to be excused from payment of assessments against those unsold units for a stated period of time after the declaration is recorded. However, the developer must pay common expenses incurred during such period which exceed regular periodic assessments against other unit owners in the same condominium. The stated period must terminate no later than the first day of the fourth calendar month following the month in which the first closing occurs of a purchase contract for a unit in that condominium. If a developer-controlled association has maintained all insurance coverage required by s. 718.111(11)(a), common expenses incurred during the stated period resulting from a natural disaster or an act of God occurring during the stated period, which are not covered by proceeds from insurance maintained by the association, may be assessed against all unit owners owning units on the date of such natural disaster or act of God, and their respective successors and assigns, including the developer with respect to units owned by the developer. In the event of such an assessment, all units shall be assessed in accordance with s. 718.115(2).
2. A developer who owns condominium units, and who is offering the units for sale, may be excused from payment of assessments against those unsold units for the period of time the developer has guaranteed to all purchasers or other unit owners in the same condominium that assessments will not exceed a stated dollar amount and that the developer will pay any common expenses that exceed the guaranteed amount. Such guarantee may be stated in the purchase contract, declaration, prospectus, or written agreement between the developer and a majority of the unit owners other than the developer and may provide that, after the initial guarantee period, the developer may extend the guarantee for one or more stated periods. If a developer-controlled association has maintained all insurance coverage required by s. 718.111(11)(a), common expenses incurred during a guarantee period, as a result of a natural disaster or an act of God occurring during the same guarantee period, which are not covered by the proceeds from such insurance, may be assessed against all unit owners owning units on the date of such natural disaster or act of God, and their successors and assigns, including the developer with respect to units owned by the developer. Any such assessment shall be in accordance with s. 718.115(2) or (4), as applicable.
(b) If the purchase contract, declaration, prospectus, or written agreement between the developer and a majority of unit owners other than the developer provides for the developer to be excused from payment of assessments under paragraph (a), only regular periodic assessments for common expenses as provided for in the declaration and prospectus and disclosed in the estimated operating budget shall be used for payment of common expenses during any period in which the developer is excused. Accordingly, no funds which are receivable from unit purchasers or unit owners and payable to the association, including capital contributions or startup funds collected from unit purchasers at closing, may be used for payment of such common expenses.
(c) If a developer of a multicondominium is excused from payment of assessments under paragraph (a), the developer’s financial obligation to the multicondominium association during any period in which the developer is excused from payment of assessments is as follows:
1. The developer shall pay the common expenses of a condominium affected by a guarantee, including the funding of reserves as provided in the adopted annual budget of that condominium, which exceed the regular periodic assessments at the guaranteed level against all other unit owners within that condominium.
2. The developer shall pay the common expenses of a multicondominium association, including the funding of reserves as provided in the adopted annual budget of the association, which are allocated to units within a condominium affected by a guarantee and which exceed the regular periodic assessments against all other unit owners within that condominium.
(10) The specific purpose or purposes of any special assessment, including any contingent special assessment levied in conjunction with the purchase of an insurance policy authorized by s. 718.111(11), approved in accordance with the condominium documents shall be set forth in a written notice of such assessment sent or delivered to each unit owner. The funds collected pursuant to a special assessment shall be used only for the specific purpose or purposes set forth in such notice. However, upon completion of such specific purpose or purposes, any excess funds will be considered common surplus, and may, at the discretion of the board, either be returned to the unit owners or applied as a credit toward future assessments.
(11)(a) If the unit is occupied by a tenant and the unit owner is delinquent in paying any monetary obligation due to the association, the association may make a written demand that the tenant pay to the association the subsequent rental payments and continue to make such payments until all monetary obligations of the unit owner related to the unit have been paid in full to the association. The tenant must pay the monetary obligations to the association until the association releases the tenant or the tenant discontinues tenancy in the unit.
1. The association must provide the tenant a notice, by hand delivery or United States mail, in substantially the following form:

Pursuant to section 718.116(11), Florida Statutes, the association demands that you pay your rent directly to the condominium association and continue doing so until the association notifies you otherwise.

Payment due the condominium association may be in the same form as you paid your landlord and must be sent by United States mail or hand delivery to   (full address)  , payable to   (name)  .

Your obligation to pay your rent to the association begins immediately, unless you have already paid rent to your landlord for the current period before receiving this notice. In that case, you must provide the association written proof of your payment within 14 days after receiving this notice and your obligation to pay rent to the association would then begin with the next rental period.

Pursuant to section 718.116(11), Florida Statutes, your payment of rent to the association gives you complete immunity from any claim for the rent by your landlord for all amounts timely paid to the association.

2. The association must mail written notice to the unit owner of the association’s demand that the tenant make payments to the association.
3. The association shall, upon request, provide the tenant with written receipts for payments made.
4. A tenant is immune from any claim by the landlord or unit owner related to the rent timely paid to the association after the association has made written demand.
(b) If the tenant paid rent to the landlord or unit owner for a given rental period before receiving the demand from the association and provides written evidence to the association of having paid the rent within 14 days after receiving the demand, the tenant shall begin making rental payments to the association for the following rental period and shall continue making rental payments to the association to be credited against the monetary obligations of the unit owner until the association releases the tenant or the tenant discontinues tenancy in the unit.
(c) The liability of the tenant may not exceed the amount due from the tenant to the tenant’s landlord. The tenant’s landlord shall provide the tenant a credit against rents due to the landlord in the amount of moneys paid to the association.
(d) The association may issue notice under s. 83.56 and sue for eviction under ss. 83.59-83.625 as if the association were a landlord under part II of chapter 83 if the tenant fails to pay a required payment to the association after written demand has been made to the tenant. However, the association is not otherwise considered a landlord under chapter 83 and specifically has no obligations under s. 83.51.
(e) The tenant does not, by virtue of payment of monetary obligations to the association, have any of the rights of a unit owner to vote in any election or to examine the books and records of the association.
(f) A court may supersede the effect of this subsection by appointing a receiver.
History.s. 1, ch. 76-222; s. 1, ch. 77-174; s. 9, ch. 77-221; s. 7, ch. 77-222; s. 6, ch. 78-328; s. 8, ch. 84-368; s. 12, ch. 90-151; s. 9, ch. 91-103; ss. 4, 5, ch. 91-426; s. 6, ch. 92-49; s. 10, ch. 94-350; s. 87, ch. 95-211; s. 856, ch. 97-102; s. 7, ch. 98-322; s. 33, ch. 99-6; s. 1, ch. 2000-201; s. 56, ch. 2000-302; s. 7, ch. 2003-14; s. 6, ch. 2007-80; s. 5, ch. 2008-240; s. 12, ch. 2010-174; s. 6, ch. 2011-196; s. 10, ch. 2014-133; s. 3, ch. 2014-146; s. 89, ch. 2015-2; s. 9, ch. 2015-97; s. 1, ch. 2017-93; s. 2, ch. 2021-91; s. 7, ch. 2022-269; s. 19, ch. 2023-203.

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Amendments to 718.116


Annotations, Discussions, Cases:

Cases Citing Statute 718.116

Total Results: 109

Garcia v. Stewart

906 So. 2d 1117, 2005 WL 1226127

District Court of Appeal of Florida | Filed: Jul 27, 2005 | Docket: 1774775

Cited 24 times | Published

came due up to the time of transfer of title." § 718.116(1)(a), Fla. Stat. (2004). After its dismissal

Padow v. KNOLLWOOD CLUB ASSOCIATION, INC.

839 So. 2d 744, 2003 WL 187124

District Court of Appeal of Florida | Filed: Jan 29, 2003 | Docket: 1707772

Cited 15 times | Published

that it would apply the payment pursuant to section 718.116(3), Florida Statutes (2000). The association

WIMBLEDON TOWNHOUSE CONDO v. Wolfson

510 So. 2d 1106, 12 Fla. L. Weekly 1894

District Court of Appeal of Florida | Filed: Aug 5, 1987 | Docket: 1589068

Cited 9 times | Published

for condominium assessments made pursuant to section 718.116, Florida Statutes (1985). Appellees Nathan

Clearwater Key Ass'n-South Beach, Inc. v. Thacker

431 So. 2d 641

District Court of Appeal of Florida | Filed: Apr 20, 1983 | Docket: 456153

Cited 8 times | Published

their units in 1980 for unpaid assessments. See § 718.116(4)(a), Fla. Stat. (1977). The Thackers subsequently

City of Palm Bay v. Wells Fargo Bank, N.A.

114 So. 3d 924, 38 Fla. L. Weekly Supp. 322, 2013 WL 2096257, 2013 Fla. LEXIS 1000

Supreme Court of Florida | Filed: May 16, 2013 | Docket: 60232017

Cited 7 times | Published

superiority for tax deeds except to municipal liens); § 718.116(5)(a), Fla. Stat. (2004) (providing superior lien

Beltway Capital, LLC v. Greens COA, Inc.

153 So. 3d 330, 2014 Fla. App. LEXIS 19783, 2014 WL 6834331

District Court of Appeal of Florida | Filed: Dec 5, 2014 | Docket: 60245229

Cited 6 times | Published

that Beltway could not seek safe harbor under section 718.116(l)(b), Florida Statutes (2013). This statute

US BANK NAT. ASS'N v. Tadmore

23 So. 3d 822

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 1180631

Cited 6 times | Published

condominium maintenance fees on this unit. Nor, as section 718.116(1)(b), Florida Statutes (2009) confirms, is

Matter of Maas

69 B.R. 245, 1986 Bankr. LEXIS 4693

United States Bankruptcy Court, M.D. Florida | Filed: Dec 29, 1986 | Docket: 1091870

Cited 6 times | Published

the amount of $8,723.92 pursuant to Fla. Stat. § 718.116(4) at O.R. 6260, Page 2021. The claim of lien

Brooks v. Palm Bay Towers Condominium Ass'n, Inc.

375 So. 2d 348, 1979 Fla. App. LEXIS 15839

District Court of Appeal of Florida | Filed: Sep 25, 1979 | Docket: 21370

Cited 5 times | Published

it originally enacted the Condominium Act. See § 718.116(8), Florida Statutes which reads: "No unit owner

AGM Investors, LLC v. Business Law Group, P.A.

219 So. 3d 920, 2017 WL 1399764, 2017 Fla. App. LEXIS 5283

District Court of Appeal of Florida | Filed: Apr 19, 2017 | Docket: 4820250

Cited 4 times | Published

unit owner’s payment of those assessments. See § 718.116(5)(a), Fla. Stat. (2008) (“The association has

Central Mortgage Company v. Callahan

155 So. 3d 373, 2014 WL 3455485, 2014 Fla. App. LEXIS 10898

District Court of Appeal of Florida | Filed: Jul 16, 2014 | Docket: 433639

Cited 4 times | Published

assessments that are superior pursuant to section 718.116. The trial court reserved jurisdiction “to

Star Lakes Estates Ass'n, Inc. v. Auerbach

656 So. 2d 271, 1995 WL 366682

District Court of Appeal of Florida | Filed: Jun 21, 1995 | Docket: 1283442

Cited 4 times | Published

foreclosure action pursuant to Florida Statutes, Section 718.116(6)(a), (1993). The trial court conducted a

Hidden Ridge Condominium Homeowners Ass'n v. Onewest Bank, N.A.

183 So. 3d 1266, 2016 Fla. App. LEXIS 1152, 2016 WL 347321

District Court of Appeal of Florida | Filed: Jan 29, 2016 | Docket: 60252958

Cited 3 times | Published

condo based upon its lien rights pursuant to section 718.116, Florida Statutes (2013), and otherwise alleging

A to Z Properties, Inc. v. Fairway Palms II Condominium Ass'n

137 So. 3d 453, 2014 WL 1031407, 2014 Fla. App. LEXIS 3923

District Court of Appeal of Florida | Filed: Mar 19, 2014 | Docket: 60240318

Cited 3 times | Published

was liable for the unpaid assessments under section 718.116(l)(a), Florida Statutes. The trial court rejected

George v. Beach Club Villas Condominium Assoc.

833 So. 2d 816, 2002 Fla. App. LEXIS 17559, 2002 WL 31662719

District Court of Appeal of Florida | Filed: Nov 27, 2002 | Docket: 1259017

Cited 3 times | Published

repairs, and roof replacement pursuant to section 718.116(5), Florida Statutes (2000), with a credit

WELLEBY CONDO. ASS'N ONE v. W. Lyon Co.

522 So. 2d 35, 1987 WL 3334

District Court of Appeal of Florida | Filed: Dec 30, 1987 | Docket: 1660812

Cited 3 times | Published

subject to assessment by the Plaintiff under § 718.116 of the Florida Statutes and pursuant to the Declaration

PNC Bank, National Ass'n v. Inlet Village Condominium Ass'n

204 So. 3d 97, 2016 Fla. App. LEXIS 16759

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 63630507

Cited 2 times | Published

protection for unpaid assessments contained in section 718.116, Florida Statutes (2016). We reverse in both

Brittany's Place Condominium Association, Inc. v. U.S. Bank, N.A.

205 So. 3d 794, 2016 Fla. App. LEXIS 14788

District Court of Appeal of Florida | Filed: Oct 5, 2016 | Docket: 4469187

Cited 2 times | Published

unpaid condominium assessments afforded by section 718.116(l)(b), Florida Statutes (2013) (the safe harbor

Bank of America, N.A. v. Kipps Colony II Condominium Association, Inc.

201 So. 3d 670, 2016 Fla. App. LEXIS 10883

District Court of Appeal of Florida | Filed: Jul 15, 2016 | Docket: 4111231

Cited 2 times | Published

Palm Bay, 114 So.3d at 928. For example, section 718.116(5)(a), Florida Statutes (2011) provides:

Central Park A Metrowest Condominium Assoc., Inc. v. AmTrust REO I, LLC

169 So. 3d 1223, 2015 Fla. App. LEXIS 10842, 2015 WL 4366573

District Court of Appeal of Florida | Filed: Jul 17, 2015 | Docket: 60248834

Cited 2 times | Published

condominium fees) of the safe-harbor provision of section 718.116 of the Florida Statutes (2014).1 Although the

Marshall v. Buttonwood Bay Condominium Ass'n

118 So. 3d 901, 2013 WL 3814956, 2013 Fla. App. LEXIS 11632

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60233470

Cited 2 times | Published

trial court’s protective order. Pursuant to section 718.116, Florida Statutes (2010), the Association filed

In Re Spa at Sunset Isles Condominimum Ass'n, Inc.

454 B.R. 898, 2011 Bankr. LEXIS 2867, 55 Bankr. Ct. Dec. (CRR) 66

United States Bankruptcy Court, S.D. Florida. | Filed: Jul 13, 2011 | Docket: 2062327

Cited 2 times | Published

of OneWest's argument is Florida Statutes section 718.116(1)(b), which specifically limits a mortgagee's

Deutsche Bank National Trust Co. v. Coral Key Condominium Ass'n (At Carolina)

32 So. 3d 195, 2010 Fla. App. LEXIS 4953, 2010 WL 1460264

District Court of Appeal of Florida | Filed: Apr 14, 2010 | Docket: 2562238

Cited 2 times | Published

foreclosure proceedings are pending since section 718.116(1)(b), Florida Statutes (2009), makes it clear

Ris v. Dept. of Business & Professional

695 So. 2d 357, 1997 WL 30883

District Court of Appeal of Florida | Filed: Mar 19, 1997 | Docket: 1522018

Cited 2 times | Published

CAROLE Y., Associate Judge, concur. NOTES [1] Section 718.116 is the section of the Condominium Act requiring

FEDERAL NAT. MORTG. ASS'N v. McKesson

639 So. 2d 78, 1994 WL 202961

District Court of Appeal of Florida | Filed: May 25, 1994 | Docket: 1310288

Cited 2 times | Published

type home site charge is not paid when due." Section 718.116(1)(a), Florida Statutes (1993), which governs

Mead v. Ocean Trail Unit Owners Association Inc.

638 So. 2d 963, 1993 WL 30570

District Court of Appeal of Florida | Filed: Jun 16, 1993 | Docket: 1169406

Cited 2 times | Published

some — but not all — of the unit owners.[1] Section 718.116(9)(a), Florida Statutes (1991), provides that

FORTENBERRY PROF. BLDG. v. Zecman

581 So. 2d 972, 1991 WL 105617

District Court of Appeal of Florida | Filed: Jun 20, 1991 | Docket: 2563241

Cited 2 times | Published

Associate Judge, concur. NOTES [1] See also section 718.116(4)(a), Florida Statutes.

Madison at Soho II Condominium Association v. Devo Acquisition Enterprises, LLC

198 So. 3d 1111, 2016 Fla. App. LEXIS 12740, 2016 WL 4446527

District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 4415730

Cited 1 times | Published

collection of unpaid fees and assessments under section 718.116(3), Florida Statutes (2014). While the litigation

Roundtree v. Ross

304 F.R.D. 644, 2015 U.S. Dist. LEXIS 19275, 2014 WL 6969570

District Court, M.D. Florida | Filed: Feb 18, 2015 | Docket: 66054508

Cited 1 times | Published

be applied in accordance with Florida Statute § 718.116(3), and you will be responsible for all additional

Holoka v. Deutsche Bank National Trust Co. ex rel. Harborview Mortgage Loan Pass Through Certificates (In re Holoka)

525 B.R. 495

United States Bankruptcy Court, N.D. Florida | Filed: Dec 22, 2014 | Docket: 65787209

Cited 1 times | Published

I, at 6-12. . Id. at 9, 11. . Fla. Stat. § 718.116(2014). . Doc. 1-3, Exhibit K. . In re Plummer

St. Croix Lane Trust v. St. Croix at Pelican Marsh Condominium Association, Inc.

144 So. 3d 639, 2014 WL 3882458, 2014 Fla. App. LEXIS 12220

District Court of Appeal of Florida | Filed: Aug 8, 2014 | Docket: 836963

Cited 1 times | Published

Because the circuit court erred in relying on section 718.116(3), Florida Statutes (2011), in ruling that

Bermuda Dunes Private Residences v. Bank of America

133 So. 3d 609, 2014 WL 885720, 2014 Fla. App. LEXIS 3308

District Court of Appeal of Florida | Filed: Mar 7, 2014 | Docket: 60238846

Cited 1 times | Published

for the assessments is limited pursuant to section 718.116, Florida Statutes. Through an amended complaint

Ocean Bank v. Caribbean Towers Condominium Ass'n

121 So. 3d 1087, 2013 WL 4081702, 2013 Fla. App. LEXIS 12725

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60234316

Cited 1 times | Published

condominium units at the foreclosure sales. Section 718.116(l)(b), Florida Statutes (2012), capped the

In re Plummer

484 B.R. 882, 68 Collier Bankr. Cas. 2d 1717, 23 Fla. L. Weekly Fed. B 515, 2013 WL 163479, 2013 Bankr. LEXIS 245

United States Bankruptcy Court, M.D. Florida | Filed: Jan 14, 2013 | Docket: 65784662

Cited 1 times | Published

lien is unsecured. And while Florida statutes section 718.116 does give the condominium association certain

Saar v. Wellesley at Lake Clarke Shores Homeowners Ass'n

68 So. 3d 417, 2011 Fla. App. LEXIS 14056, 2011 WL 3903069

District Court of Appeal of Florida | Filed: Sep 7, 2011 | Docket: 60302277

Cited 1 times | Published

assessments from April and May 2006 plus a late fee. Section 718.116(5)(b), Florida Statutes, provides that “[t]o

U.S. Bank National Ass'n v. Tadmore

23 So. 3d 822, 2009 Fla. App. LEXIS 18408

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 60282070

Cited 1 times | Published

condominium maintenance fees on this unit. Nor, as section 718.116(l)(b), Florida Statutes (2009) confirms, is

Estancia Condo. Ass'n v. Sunfield Homes, Inc.

619 So. 2d 1008, 1993 WL 154282

District Court of Appeal of Florida | Filed: May 14, 1993 | Docket: 1381396

Cited 1 times | Published

assessments "regardless of how title is acquired." Section 718.116(1)(a), Fla. Stat. (1981). The assessments cannot

US Bank National Association, Not in Its Individual Capacity but Solely as Trustee for the RMAC Trust, Series 2016-CTT v. the Estate of Ismael Zayas, Alexander Zayas, Sr., Alexander Zayas, Jr., as Personal Representative of the Estate of Ismael Zayas, Diana Zayas and Angelina Ruggirello

District Court of Appeal of Florida | Filed: Aug 1, 2025 | Docket: 70989226

Published

determine the amounts due any association under § 718.116 or § 720.3085. The Court also reserves jurisdiction

Palm Bay Towers Condominium Association, Inc. v. Thomas Marrazza

District Court of Appeal of Florida | Filed: Jan 2, 2025 | Docket: 69511742

Published

fiduciary duty, negligence, and violation of section 718.116(10), Florida Statutes (2021), arising out

STATE OF FLORIDA v. ANDREW SCOTT CROSE

District Court of Appeal of Florida | Filed: Jan 26, 2024 | Docket: 68195892

Published

So. 3d 639 (Fla. 2d DCA 2014), holding that section 718.116(3), Florida Statutes (2014), never intended

GATELAND VILLAGE CONDOMINIUM, INC. v. MARY ELIZABETH HOLLY

District Court of Appeal of Florida | Filed: Nov 16, 2022 | Docket: 65757923

Published

foreclose a claim of lien. This was error. Section 718.116(6) does not provide for a condition precedent

WILMINGTON SAVINGS FUND SOCIETY, FSB, d/b/a CHRISTIANA TRUST, ETC. v. GULFSTREAM OF LAS OLAS CONDOMINIUM ASSOC. INC.

District Court of Appeal of Florida | Filed: Dec 22, 2021 | Docket: 61637695

Published

not entitled to safe harbor protection under section 718.116(1)(b)(1), Florida Statutes (2020), and that

MORTGAGE ASSETS MANAGEMENT, LLC, etc. v. ROBIN KAPLAN

District Court of Appeal of Florida | Filed: Sep 1, 2021 | Docket: 60330678

Published

201 So. 3d 670, 675 (Fla. 2d DCA 2016) (citing § 718.116(5)(a), Florida Statutes, to find that a bank’s

GARY PASH, Trustee of the HEBERT AND MINNIE PASCH FAMILY TRUST DATED MAY 12, 1996, etc. v. MAHOGANY WAY HOMEOWNERS ASSOC. INC.

District Court of Appeal of Florida | Filed: Jan 27, 2021 | Docket: 45654127

Published

we considered a claim of lien filed under section 718.116(5), which is nearly identical to section 720

VICTOR TISON v. CLAIRMONT CONDOMINIUM F ASSOC., INC.

District Court of Appeal of Florida | Filed: Nov 6, 2019 | Docket: 16432696

Published

II). Both counts were brought pursuant to section 718.116, Florida Statutes, and the Declaration. At

Edward Michael Kelly v. Julie Duggan

District Court of Appeal of Florida | Filed: Oct 23, 2019 | Docket: 16368643

Published

obligation to pay during the purchase transaction. See § 718.116(1)(a), Fla. Stat. (2017) (providing that condo

Coastal Creek Condominium Association, Inc. v. Fla Trust Services LLC, as Trustee

275 So. 3d 836

District Court of Appeal of Florida | Filed: Jul 16, 2019 | Docket: 15922219

Published

that the trial court erred in interpreting section 718.116(1)(a), Florida Statutes (2017), to limit the

Fed. Nat'l Mortg. Ass'n v. JKM Servs., LLC

256 So. 3d 961

District Court of Appeal of Florida | Filed: Oct 3, 2018 | Docket: 64690354

Published

under the so-called "Safe Harbor Statute," section 718.116(b), Florida Statutes (2014). FNMA's motions

Federal National Mortgage Assoc. v. Jkm Services

District Court of Appeal of Florida | Filed: Oct 3, 2018 | Docket: 7975837

Published

under the so-called “Safe Harbor Statute,” section 718.116(b), Florida Statutes (2014). FNMA’s motions

IVETTE SMULDERS for 129-131 HARRISON ST., LLC v. THIRTY-THREE SIXTY CONDOMINIUM ASSOC., INC.

245 So. 3d 802

District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6375017

Published

that avoided a lien foreclosure lawsuit under section 718.116, Florida Statutes (2017). 1 Both sides

First Equitable Realty III, Ltd. v. Grandview Palace Condo Assoc., Inc.

246 So. 3d 445

District Court of Appeal of Florida | Filed: Apr 11, 2018 | Docket: 6360290

Published

chapter 718 of the Florida Statutes. Section 718.116(1)(a) provides that a condominium unit owner

Hemingway Villa Condo Owners Assoc., Inc. v. Wells Fargo Bank

240 So. 3d 104

District Court of Appeal of Florida | Filed: Feb 28, 2018 | Docket: 6318521

Published

sought the “Safe Harbor” amounts pursuant to section 718.116(1)(b)1., Florida Statutes (2017).1 The Association

Bank of Am., N.A. v. Mirabella Owners' Ass'n, Inc.

238 So. 3d 405

District Court of Appeal of Florida | Filed: Jan 29, 2018 | Docket: 64673845

Published

lis pendens does not change this. Although section 718.116(5)(a), Florida Statutes, provides that an association's

JENNIFER E. CALENDAR v. STONEBRIDGE GARDENS SEC. III

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240865

Published

association has a lien on the unit by virtue of section 718.116(5)(a), Florida Statute (2016), we disagree

Gonzalez and Leal v. International Park Condominium I Assoc., Inc.

217 So. 3d 1128, 2017 WL 1494004, 2017 Fla. App. LEXIS 5755

District Court of Appeal of Florida | Filed: Apr 26, 2017 | Docket: 5784754

Published

delinquent in their payment of assessments, section 718.116(6)(c), Florida Statutes (2012). The circuit

Wilmington Savings Fund Society, FSB v. Business Law Group, P.A.

319 F.R.D. 386, 2017 U.S. Dist. LEXIS 99330, 2017 WL 1034198

District Court, M.D. Florida | Filed: Feb 22, 2017 | Docket: 66058699

Published

the time of transfer of title. See Fla. Stat. § 718,116(l)(a). However, the Condo and HOA Statutes limit

San Matera the Gardens Condominium Ass'n v. Federal Home Loan Mortgage Corp.

207 So. 3d 1017, 2017 Fla. App. LEXIS 42

District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 63631920

Published

the benefit of the safe harbor provision of section 718.116(l)(b), Florida Statutes (2015). The safe harbor

Jallali v. Knightsbridge Village Homeowners Ass'n

211 So. 3d 216, 2017 Fla. App. LEXIS 82

District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 60262559

Published

which the parcel is located. Id,.-, see also § 718.116(5)(a), Fla. Stat. (2015) (providing similarly

Village Square Condominium v. U.S. Bank National Ass'n

206 So. 3d 806, 2016 Fla. App. LEXIS 17369

District Court of Appeal of Florida | Filed: Nov 18, 2016 | Docket: 4544017

Published

(“U.S.Bank”) qualified for safe harbor under section 718.116(l)(b), Florida Statutes (2014), which limits

Bank of New York Mellon v. Sperling

201 So. 3d 697, 2016 Fla. App. LEXIS 12799

District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 60257046

Published

24 So.3d 641, 643 (Fla. 2d DCA 2009). See also § 718.116(5)(a), Fla. Stat. (2006). In 2009, Atlantic, a

Fallon Rahima Jallali v. Knightsbridge Village Homeowners Association, Inc.

District Court of Appeal of Florida | Filed: Jun 29, 2016 | Docket: 3088370

Published

in which the parcel is located. Id.; see also § 718.116(5)(a), Fla. Stat. (2015) (providing similarly

Bona Vista Condominium Assoc. v. Fns6 LLC

194 So. 3d 490, 2016 Fla. App. LEXIS 8288, 2016 WL 3066374

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3068918

Published

agree. *492 The 2013 version of section 718.116(l)(a) provides that while the current owner

Catalina West Homeowners Association, Inc. v. Federal National Mortgage Association

188 So. 3d 76, 2016 Fla. App. LEXIS 4889

District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 3049135

Published

Croix and Ward addressed section 718.116(3), Florida Statutes, the section of the condominium

In re Montalvo

546 B.R. 880, 75 Collier Bankr. Cas. 2d 257, 26 Fla. L. Weekly Fed. B 31, 2016 Bankr. LEXIS 582, 2016 WL 769997

United States Bankruptcy Court, M.D. Florida | Filed: Feb 25, 2016 | Docket: 65788442

Published

includes this quoted language. . Fla. Stat. § 718.116. . Doc. No. 60-4, Sec. I. . Doc. No. 60-4

Meadows On The Green Condominium Association, Inc. v. Nationstar Mortgage, LLC, and Stuart Levy

188 So. 3d 883, 2016 Fla. App. LEXIS 202, 2016 WL 72585

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026041

Published

assessments under the Condominium Act. See § 718.116, Fla. Stat. (2014). We find that the trial court

Bank of America, N.A. v. Kipps Colony II Condominium Association, Inc.

District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 3019487

Published

Palm Bay, 114 So. 3d at 928. For example, section 718.116(5)(a), Florida Statutes (2011), provides:

PLCA Condominium Association v. Amtrust-NP SFR Venture, LLC

182 So. 3d 668, 2015 Fla. App. LEXIS 17315, 2015 WL 7273417

District Court of Appeal of Florida | Filed: Nov 18, 2015 | Docket: 3013617

Published

entitled to ■ the safe harbor provision of section 718.116(l)(b), Florida Statutes (2013), which limits

Federal National Mortgage Ass'n v. Legacy Parc Condominium Ass'n

177 So. 3d 92, 2015 Fla. App. LEXIS 15320, 2015 WL 6023164

District Court of Appeal of Florida | Filed: Oct 16, 2015 | Docket: 60251252

Published

was limited under safe harbor provisions in section 718.116, Florida Statutes (2014), and Legacy Parc’s

Bank of America v. The Enclave at Richmond Place Condominium Association, Inc.

173 So. 3d 1095, 2015 Fla. App. LEXIS 12557, 2015 WL 4965912

District Court of Appeal of Florida | Filed: Aug 21, 2015 | Docket: 2686579

Published

the assessment liability limitation under section 718.116(l)(b), Florida Statutes (2013) (safe harbor

Citation Way Condominium Association, Inc. v. Wells Fargo Bank, N.A. and Leslie Linder

172 So. 3d 558, 2015 Fla. App. LEXIS 12475, 2015 WL 4927073

District Court of Appeal of Florida | Filed: Aug 19, 2015 | Docket: 2685315

Published

the Association for unpaid assessments under section 718.116, Florida Statutes (2013). We affirm the trial

Grand Central at Kennedy Condominium Association, Inc. v. Space Coast Credit Union

173 So. 3d 1089, 2015 Fla. App. LEXIS 12406, 2015 WL 4923677

District Court of Appeal of Florida | Filed: Aug 19, 2015 | Docket: 2685481

Published

statutory limitation on liability set forth in section 718.116(l)(b), Florida Statutes (2013). The final

U.S. Bank National Association etc. v. Nicholas F. Farhood a/k/a Nicholas F. Farhood

153 So. 3d 955

District Court of Appeal of Florida | Filed: Dec 15, 2014 | Docket: 2615397

Published

claim of lien for the condominium assessments. § 718.116(5)(a), Fla. Stat. From the initial pleadings and

Losner v. Australian of Palm Beach Condominium Ass'n, Inc.

139 So. 3d 986, 2014 WL 2589046, 2014 Fla. App. LEXIS 8855

District Court of Appeal of Florida | Filed: Jun 11, 2014 | Docket: 60241263

Published

content of the amended claim of lien under section 718.116(5)(b), Florida Statutes (2012). We find these

Aventura Management, LLC v. Spiaggia Ocean Condominium Ass'n

149 So. 3d 690, 2014 WL 853846, 2014 Fla. App. LEXIS 3057

District Court of Appeal of Florida | Filed: Mar 5, 2014 | Docket: 60243976

Published

Association’s secondary rights statutorily provided in section 718.116, Florida Statutes (2009). Spiaggia initiated

United States v. Forest Hill Gardens East Condominium Ass'n

990 F. Supp. 2d 1344, 2014 WL 28723, 2014 U.S. Dist. LEXIS 488

District Court, S.D. Florida | Filed: Jan 3, 2014 | Docket: 65996629

Published

authorized to charge interest and late fees. See § 718.116(3), Fla. Stat. Forest Hills Gardens East’s declaration

Barnes v. Castle Beach Club Condominium Ass'n

106 So. 3d 86, 2013 Fla. App. LEXIS 1760, 2013 WL 440086

District Court of Appeal of Florida | Filed: Feb 6, 2013 | Docket: 60228462

Published

(Fla. 3d DCA 2013), where we held that under section 718.116(1)(a), Florida Statutes (2009), there is no

Aventura Management, LLC v. Spiaggia Ocean Condominium Ass'n

105 So. 3d 637, 2013 WL 238222, 2013 Fla. App. LEXIS 956

District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60227932

Published

Association’s statutory lien, afforded by section 718.116(5)(a), Florida Statutes (2008), “survives the

Colony Beach & Tennis Club, Ltd. v. Colony Beach & Tennis Club Ass'n

456 B.R. 545, 2011 U.S. Dist. LEXIS 82225, 2011 WL 3169486

District Court, M.D. Florida | Filed: Jul 27, 2011 | Docket: 2067980

Published

for which the assessments are made." Fla. Stat. § 718.116(2). In this action, a majority of the members

Carniello v. Second Horizons Condominium Ass'n

34 So. 3d 86, 2010 Fla. App. LEXIS 4511, 2010 WL 1329881

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 1130641

Published

simply not demonstrated below. § 718.116(5)(b) Fla. Stat. (2008)[2]; § 718.116(10) Fla. Stat. (2008)[3]; Ferry-Morse

Ocean Two Condominium Ass'n v. Kliger

983 So. 2d 739, 2008 Fla. App. LEXIS 8447, 2008 WL 2356852

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 64854978

Published

instruction ... on or accompanying the payment.” § 718.116(3), Fla. Stat. (2004) (emphasis added). Had the

Bay Holdings, Inc. v. 2000 Island Boulevard Condo. Ass'n

895 So. 2d 1197, 2005 Fla. App. LEXIS 2013, 2005 WL 415996

District Court of Appeal of Florida | Filed: Feb 23, 2005 | Docket: 64836543

Published

not come under the safe harbor provision of section 718.116(1) of the Florida Statutes. Bay Holdings was

Tara Manatee, Inc. v. Fairway Gardens at Tara Condominium Ass'n

870 So. 2d 32, 2003 Fla. App. LEXIS 13938, 2003 WL 22103529

District Court of Appeal of Florida | Filed: Sep 12, 2003 | Docket: 64829590

Published

under the developer guarantee provision of section 718.116(9)(a)(2), Florida Statutes (1995), which states

Tara Manatee, Inc. v. Fairway Gardens at Tara Condominium Ass'n

870 So. 2d 32, 2003 Fla. App. LEXIS 13938, 2003 WL 22103529

District Court of Appeal of Florida | Filed: Sep 12, 2003 | Docket: 64829590

Published

under the developer guarantee provision of section 718.116(9)(a)(2), Florida Statutes (1995), which states

A.C. Condominium Ass'n v. Suntrust Bank

815 So. 2d 720, 2002 Fla. App. LEXIS 5520, 2002 WL 726643

District Court of Appeal of Florida | Filed: Apr 26, 2002 | Docket: 64814856

Published

PER CURIAM. AFFIRMED. See § 718.116(b)(1), Fla. Stat. (2001)(“[t]he liability of a first mortgagee or

Villorin v. Village of Kings Creek Condominium Ass'n

789 So. 2d 1157, 2001 Fla. App. LEXIS 9166, 2001 WL 746733

District Court of Appeal of Florida | Filed: Jul 5, 2001 | Docket: 64806909

Published

prevailing party pursuant to Florida Statute § 718.116 and the Declaration of Condominium.

Reuter v. Courtyards of the Grove Condominium Ass'n

785 So. 2d 687, 2001 Fla. App. LEXIS 6659, 2001 WL 514316

District Court of Appeal of Florida | Filed: May 16, 2001 | Docket: 64805489

Published

PER CURIAM. Affirmed. § 718.116(6)(b), Fla. Stat. (2000); Ralph v. Envoy Point Condominium Ass’n, Inc

Gulf Island Resort, L.P. v. Gulf Island Beach & Tennis Club Condominium Ass'n II

740 So. 2d 64, 1999 Fla. App. LEXIS 8895, 1999 WL 445687

District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 64790572

Published

Condominium Act, contemplates this very procedure. See § 718.116(6)(a), Fla. Stat. (1997). Because of the varying

Limner v. Country Pines Condominium Ass'n

709 So. 2d 154, 1998 Fla. App. LEXIS 2918, 1998 WL 130164

District Court of Appeal of Florida | Filed: Mar 25, 1998 | Docket: 64780135

Published

PER CURIAM. We hold that section 718.116, Florida Statutes (1993), limits the mortgagee’s liability

Abramson v. Buckley Towers Condominium, Inc.

695 So. 2d 489, 1997 Fla. App. LEXIS 6275, 1997 WL 311553

District Court of Appeal of Florida | Filed: Jun 11, 1997 | Docket: 64774222

Published

PER CURIAM. Affirmed. See § 718.116, Fla. Stat. (1995); Karpay v. Las Brisas Condominium Ass’n, Inc

Grondin v. Villa Biscaya Jardines, Phase II, Condominium Ass'n

692 So. 2d 953, 1997 Fla. App. LEXIS 3916, 22 Fla. L. Weekly Fed. D 950

District Court of Appeal of Florida | Filed: Apr 16, 1997 | Docket: 64773096

Published

second mortgage recorded in 1980 pursuant to Section 718.116(6) of the Florida Statutes as it existed in

Ward v. 3900 Condominium Ass'n

670 So. 2d 1182, 1996 Fla. App. LEXIS 3324, 1996 WL 149064

District Court of Appeal of Florida | Filed: Apr 3, 1996 | Docket: 64763538

Published

accordance with the priorities recited in section 718.116(3), Florida Statutes (1993). The amount in

Maya Marca Condominium Apartments, Inc. v. O'Rourke

669 So. 2d 1089, 1996 Fla. App. LEXIS 2309, 1996 WL 106439

District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 64763209

Published

foreclosure actions is applicable here, because section 718.116(1)(a), Florida Statutes (1993) provides that

Lakeshore Townhomes Condominium Ass'n v. Bush

664 So. 2d 1170, 1995 Fla. App. LEXIS 13393, 1995 WL 757901

District Court of Appeal of Florida | Filed: Dec 27, 1995 | Docket: 64760978

Published

pursuant to the Declaration of Condominium and section 718.116(6)(a), Florida Statutes. Petitioner then moved

Brooks v. Ocean Village Condominium Ass'n

656 So. 2d 275, 1995 Fla. App. LEXIS 6636, 1995 WL 366687

District Court of Appeal of Florida | Filed: Jun 21, 1995 | Docket: 64757165

Published

of lien for condominium assessments under section 718.116, Florida Statutes (1991). The trial court entered

Federal National Mortgage Ass'n v. McKesson

639 So. 2d 78, 1994 Fla. App. LEXIS 4955

District Court of Appeal of Florida | Filed: May 25, 1994 | Docket: 64749512

Published

type home site charge is not paid when due.” Section 718.116(l)(a), Florida Statutes (1993), which governs

Bowen Place Condominium Ass'n v. Meritor Savings, F.A.

630 So. 2d 1250, 1994 Fla. App. LEXIS 1026, 1994 WL 28853

District Court of Appeal of Florida | Filed: Feb 4, 1994 | Docket: 64746042

Published

to pursue their claim, if any, pursuant to section 718.116, Florida Statutes (1993). HARRIS, C.J., and

Brooks v. OCEAN VILLAGE CONDO. ASS'N

625 So. 2d 111, 1993 WL 406628

District Court of Appeal of Florida | Filed: Oct 12, 1993 | Docket: 1517604

Published

of lien for condominium assessments under section 718.116, Florida Statutes (1991). The asserted amount

Federal Deposit Insurance Corp. v. Venture Corp. of Sarasota

622 So. 2d 581, 1993 Fla. App. LEXIS 8198

District Court of Appeal of Florida | Filed: Aug 6, 1993 | Docket: 64698157

Published

denied the motion, concluding that, under section 718.116, Florida Statutes (1991), the owner was liable

Sydstead Corp. v. Mohr

605 So. 2d 487, 1992 Fla. App. LEXIS 9190, 1992 WL 203888

District Court of Appeal of Florida | Filed: Aug 26, 1992 | Docket: 64670039

Published

claim). We also agree with appellants that section 718.116(4), Florida Statutes (1985), would apply to

Ago

Florida Attorney General Reports | Filed: May 6, 1991 | Docket: 3258617

Published

persons described in s. 197.522(1)(a), F.S. 2 Section 718.116(5)(a), F.S. (1990 Supp.), provides that the

Cricket Club Condominium, Inc. v. Resolution Trust Corp.

563 So. 2d 780, 1990 Fla. App. LEXIS 4379, 1990 WL 82522

District Court of Appeal of Florida | Filed: Jun 19, 1990 | Docket: 64651295

Published

Roose, 348 So.2d 610, 611 (Fla. 4th DCA 1977); § 718.116(6), Fla.Stat. (1985).

Karpay v. LAS BRISAS CONDOMINIUM ASS'N

517 So. 2d 756, 13 Fla. L. Weekly 119, 1987 Fla. App. LEXIS 11822, 1987 WL 29026

District Court of Appeal of Florida | Filed: Dec 30, 1987 | Docket: 540903

Published

might also be so liable. We do not find that section 718.116 is a model of clarity in establishing the personal

Oceancrest Condominium Apartments, Inc. v. Donner

504 So. 2d 447, 12 Fla. L. Weekly 689, 1987 Fla. App. LEXIS 7078

District Court of Appeal of Florida | Filed: Mar 4, 1987 | Docket: 64625994

Published

affirmative defense — immunity pursuant to section 718.116(8)(a) and (b), Florida Statutes (1983), and

Haldale Corp. v. Avante Garde Condominium Ass'n

502 So. 2d 2, 11 Fla. L. Weekly 1221, 1986 Fla. App. LEXIS 8077

District Court of Appeal of Florida | Filed: May 28, 1986 | Docket: 64624842

Published

proceedings or compliance with the provisions of Section 718.116, Florida Statutes (1983) governing the establishment

State, Department of Business Regulation, Division of Florida Land Sales, Condominiums & Mobile Homes v. S.K. Cutlip, Inc.

484 So. 2d 1378, 11 Fla. L. Weekly 708, 1986 Fla. App. LEXIS 6979

District Court of Appeal of Florida | Filed: Mar 19, 1986 | Docket: 64618041

Published

with failure to pay assessments required by section 718.116(1), Florida Statutes (1981). The Division and

Palm Bay Towers Corp. v. Brooks

466 So. 2d 1071

District Court of Appeal of Florida | Filed: Apr 22, 1985 | Docket: 2543071

Published

first unit, see ch. 76-222, § 1, Laws of Fla.; § 718.116(8)(a), Fla. Stat. (1983), does not support the

Elbadramany v. Oceans Seven Condominium Ass'n

461 So. 2d 1001, 10 Fla. L. Weekly 3, 1984 Fla. App. LEXIS 16143

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 64609171

Published

expense and thus make the fine enforceable under section 718.116,1 the condominium documents cannot lawfully

Captain's Paradise, Inc. v. Glasel (In re Captain's Paradise, Inc.)

29 B.R. 516, 1983 Bankr. LEXIS 6505

United States Bankruptcy Court, S.D. Florida. | Filed: Mar 31, 1983 | Docket: 65778449

Published

“ASSOCIATION”, pursuant to Florida Statutes Section 718.116, claims a lien or interest in the proceeds

Gallagher v. Seagate of Gulfstream Condominium Ass'n

423 So. 2d 640, 1983 Fla. App. LEXIS 18642

District Court of Appeal of Florida | Filed: Jan 12, 1983 | Docket: 64594035

Published

Section 718.115(2), Florida Statutes (1981), and Section 718.116(8), Florida Statutes (1981). Basically, they