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Important Recent Court Ruling on the Acceptance of Partial Payments
In August of 2014, the Second District Court of Appeals issued a ruling which has potentially big ramifications for HOA/Condo collections. The case was St. Croix Lane Trust v. St. Croix at Pelican Marsh Condominium Association, Inc., 144 So.3d 639 (Fla. 2d DCA 2014), and the ruling addresses the acceptance of partial payments from delinquent owners.
Does taking title through a lien foreclosure prevent associations from collecting past-due amounts?
In February of 2013, a landmark court ruling came out of the Third District Court of Appeals in Florida, known as the Spiaggia decision (Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc.). The Spiaggia ruling sent shockwaves through the association law world as the Court held that an association also becomes joint and severally liable for any past-due delinquency if they take title through a lien foreclosure lawsuit.