The 2023 Florida Statutes (including Special Session C)
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. . . . § 720.3085(2)(b) ("A parcel owner is jointly and severally liable with the previous parcel owner for . . .
. . . Bank an estoppel letter claiming that pursuant to section 720.3085(2)(c), Florida Statutes (2016), it . . . We agree that based on section 720.3085(2)(c) Emerald Estates was not entitled to costs and attorney's . . .
. . . although the current parcel owner did not directly qualify for the safe harbor provision under section 720.3085 . . . (2)(c), it did indirectly benefit from the safe harbor provision because, under section 720.3085(2)(b . . . The Association overlooks that, under section 720.3085(2)(b), Fannie Mae’s liability was coextensive . . . In other words, CitiMortgage’s entitlement to the safe harbor protection of section 720.3085(2)(c) 'is . . . See § 720.3085(2)(a), (b), Fla. Stat. (2011). Affirmed and Remanded. May and Kuntz, JJ., concur. . . . .
. . . Westwood cross-moved for summary judgment, arguing that section 720.3085, Florida Statutes (2013), mandated . . . Pudlit contended that “section 720.3085 did not impose liability upon appellant, because the declaration . . . Nothing in the language of section 720.3085(2)(b) demonstrates that it is “required” to be adopted by . . . The joint and several liability of section 720.3085(2)(b) was not incorporated into the terms of the . . . Section 720.3085((2)(b) provides that a third party purchasing a property is jointly and severally liable . . .
. . . Stat §§ 718.116(l)(b)(l) (the "Condo Statute”) and 720.3085(2)(c) (the "HOA Statute"). . . . required to pay in excess of the statutory limit provided by Florida Statutes Chapters 718.116(l)(b)(l) or 720.3085 . . .
. . . This is reflected in section 720.3085, Florida Statutes (2015), which controls homeowners’ association . . . that the lien for unpaid assessments relates back to the recording of the declaration of community. § 720.3085 . . . The provisions of the Declaration of Covenants recorded by the Association operate as section 720.3085 . . . of lis pendens, while a mortgage foreclosure proceeding is pending, is further supported by section 720.3085 . . . such notice “if the parcel is subject to a foreclosure action or forced sale of another party[.]” § 720.3085 . . .
. . . The Florida Legislature, however, modified the common law scheme by enacting Section 720.3085(2)(c), . . . parcel owner and initially joined the association as' a defendant in the mortgage foreclosure action.” § 720.3085 . . .
. . . The parties agree that section 720.3085, Florida Statutes (20Í3), cannot be retroactively applied and.is . . .
. . . BONY filed suit to compel Villas’ compliance with the safe harbor, provision of section 720.3085(2)(c . . . of summary judgment for BONY, because BONY’s affidavit established all the requirements of section 720.3085 . . .
. . . The trial court fotmd that, pursuant to section 720.3085(2)(c), FNMA’s liability to the Associations- . . . The trial court concluded that because the safe harbor protection of section 720.3085(2)(c) applied, . . . Section 720.3085(2)(c) states "as follows: (c) Notwithstanding ■ anything to the contrary contained in . . . Section 720.3085(3)(b) states as follows: (3) Assessments and installments on assessments that are not . . . In analyzing the safe harbor provision for foreclosing first mortgagees contained in section 720.3085 . . .
. . . the amounts due, with credit for the payments Cordero made applied to the interest amount per Section 720.3085 . . .
. . . and that any owner, including a purchaser, is liable for all assessments that come due under section 720.3085 . . .
. . . The mortgage and note were executed prior to the July 1, 2007 effective date of section 720.3085, Florida . . .
. . . defendants, with the exception of any assessments'that are superior pursuant to Sections 718.116 or 720.3085 . . .
. . . The association cross-moved for summary judgment, arguing that section 720.3085, Florida Statutes (2013 . . . Appellant argued that section 720.3085 did not impose liability upon appellant, because the declaration . . . The statute at issue in this case, section 720.3085, provides: A parcel owner is jointly and severally . . . Nothing in the language of section 720.3085(2)(b) demonstrates that it is “required” to be adopted by . . . The HOA, relying upon section 720.3085, claimed that if the bank purchased the mortgaged premises at . . .
. . . Edelsberg, 129 So.3d 1139, 1141 n. 2 (Fla. 3d DCA 2013) (citing to section 720.3085(l)(c), Florida Statutes . . .
. . . See § 720.3085, Fla. . . .
. . . In its Answer, the Associations asserted entitlement to assessments pursuant to sections 718.116 and 720.3085 . . . specifically reserve jurisdiction to determine the amount of assessments due pursuant to sections 718.116 or 720.3085 . . .
. . . these cases involved liability for assessments under a statute governing homeowners associations, see § 720.3085 . . . 718.116(1)(a) contains language that is identical in all relevant respects to the language of section 720.3085 . . .
. . . Section 720.3085(2)(c), Florida Statutes, provides as follows: Notwithstanding anything to the contrary . . . liability to twelve months of “unpaid common expenses and regular periodic or special assessments.” § 720.3085 . . . Stat.; § 720.3085(2)(a), Fla. Stat. . § 718.116(3), Fla. Stat.; see also § 720.3085(3), Fla. Stat. . . .
. . . title action, asserting that Appellant remained liable for the unpaid assessments by virtue of section 720.3085 . . . survive the issuance of the tax deed by operation of sections 197.552 and 197.573(2), pursuant to section 720.3085 . . . Section 720.3085(2)(b), on the other hand, is a more general statute that purports to impose liability . . . If section 720.3085(2)(b) is construed to apply here, it is directly contradictory to the more specific . . . Doing so here leads us to the inescapable conclusion that section 720.3085(2)(b) does not apply to a . . .
. . . See § 720.3085(l)(c), Fla. . . .
. . . Cricket filed a motion to strike this affirmative defense in which it argued that section 720.3085(2) . . . The issue before the trial court on Nassau’s third affirmative defense was whether section 720.3085(2 . . . The court ultimately concluded that section 720.3085(2)(b) supersedes the provision in section 197.573 . . . On appeal, Cricket argues that the trial court erred in ruling that section 720.3085(2)(b) supersedes . . . 720.3085(2)(b) was enacted later in time. . . .
. . . Busey Bank, N.A., 30 So.3d 579, 583-84 (Fla. 2d DCA 2010) (holding that section 720.3085, which makes . . .
. . . between the appellee condominium association, which had filed an action to foreclose its lien, see § 720.3085 . . .
. . . . § 720.3085(3)(b) (emphasis added). . . .
. . . . § 720.3085(1) reads: When authorized by the governing documents, the [homeowners’] association has . . . Stat. § 720.3085 does not apply. Notice is a fundamental principle of property law. . . . Stat. § 720.3085 because it does not refer to Chapter 720 specifically. . . . Stat. § 720.3085 (emphasis added). . . . . Stat. § 720.3085. . Holly Lake Ass’n v. Federal Nat. Mortg. . . .
. . . See § 720.3085(2)(c), Fla. Stat. (2008). . . .
. . . (hereafter “Eco-venture”), challenges whether section 720.3085, Florida Statutes (2007), may be applied . . . Ecoventure refused and the Association filed suit, arguing that its Declaration and section 720.3085 . . . In relevant part, the trial court found that section 720.3085 operated “outside of the Declarations” . . . Because Ecoventure was a parcel owner as defined by section 720.3085(1), the trial court concluded it . . . Of the arguments raised by Ecoventure, the one we find dispositive is whether applying section 720.3085 . . .
. . . that LR5A’s 2005 recorded mortgage was superior to the Association’s assessment liens and that section 720.3085 . . . As the Association points out, LR5A is not obligated under section 720.3085, Florida Statutes, to pay . . .
. . . Bank had no liability to the HOA for past due HOA assessments that the HOA claimed pursuant to section 720.3085 . . . The Bank also claimed that, as a matter of law, the statutory changes to section 720.3085 should not . . . Little House, LLC, 998 So.2d 1173, 1175 (Fla. 5th DCA 2008) (holding section 720.3085(2), Florida Statutes . . . The statutory change in section 720.3085 cannot disturb that prior, established contractual relationship . . . To avoid this longstanding principle, the HOA argues that even if applying section 720.3085 to this case . . .
. . . The Association moved for rehearing, asserting that section 720.3085, Florida Statutes, which became . . . The Association argues that section 720.3085(2), Florida Statutes, grants its lien priority over any . . . This argument is predicated on the first sentence of section 720.3085(2), Florida Statutes (2007), which . . . Consequently, section 720.3085(2) is inapplicable because LR5A-JV is not the parcel owner; it is merely . . . We decline to address whether section 720.3085 can be retroactively applied because this issue is not . . .