Robin I. Frank won a significant appellate victory for a client on a hotly contested issue. Florida’s Fourth District Court of Appeals, which governs Broward and Palm Beach County, found that a homeowners association’s governing documents trumped language in Florida’s Homeowner’s Statute regarding whether a previous or current owner should pay past-due association fees. Specifically, the Court held that a purchaser of property at a foreclosure sale was not liable for assessments which accrued and remained unpaid by the prior owner based upon language in the association’s Declaration, even though Florida’s Homeowner’s Statute provides otherwise. Per the language of the Declaration, purchasers at foreclosure sales were third party beneficiaries to the governing documents and the statute could not retroactively impair these contractual rights. In short, as long as an association’s governing documents provide that a purchaser at a foreclosure sale of the first mortgage is not liable for past-due assessments which accrued before the purchaser obtained title, then the purchaser buys that property free and clear. The firm congratulates Ms. Frank on her major victory. The appellate court’s decision can be viewed by clicking here, and to learn more about Ms. Frank, please click here.
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Shapiro, Blasi, Wasserman & Hermann, P.A., with offices located in Boca Raton, Florida, has practice areas in Commercial Litigation, Labor and Employment, Construction Litigation, Chinese Drywall Litigation, Bankruptcy and Creditor's Rights, Real Estate Transactions, Real Estate Litigation, Business Transactions, Family Law, Wills, Trusts and Estates, and Appellate Matters. We represent clients throughout Florida and nationwide.