Community associations rely on their lien rights as their ultimate enforcement mechanism for the collection of delinquent assessments. However, regardless of the amount owed, recent rulings in a Miami-Dade case illustrate that associations’ failures to strictly comply with Florida’s pre-suit notice requirements may lead to having their foreclosure actions dismissed.
The decisions arose from a lawsuit filed by the Winston Towers 100 Association against Jorge Antonioli, the owner of a unit in the Sunny Isles Beach condominium. The association filed suit to foreclose its claim of lien in order to collect more than $45,000 in past-due assessments and maintenance fees, plus interest and attorney’s fees.
During the trial court proceedings in Miami-Dade Circuit Court, the association’s board secretary introduced evidence of the alleged delinquency and the notices purportedly sent to the owner prior to recording its claim of lien. Although the testimony asserted that notices had been mailed to the unit owner, the witness acknowledged a lack of familiarity with the association’s mailing procedures…