The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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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.

F.S. 718.116 on Google Scholar

F.S. 718.116 on Casetext

Amendments to 718.116

Arrestable Offenses / Crimes under Fla. Stat. 718.116

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.116.

Annotations, Discussions, Cases:

Cases from cite.case.law:

COASTAL CREEK CONDOMINIUM ASSOCIATION, INC. v. FLA TRUST SERVICES LLC,, 275 So. 3d 836 (Fla. App. Ct. 2019)

. . . Appellant argues in the second issue that the trial court erred in interpreting section 718.116(1)(a) . . . Specifically, FLA Trust asserted that pursuant to section 718.116(1)(a), Florida Statutes, the present . . . The trial court ultimately interpreted section 718.116(1)(a) as limiting FLA Trust's joint and several . . . The issue before us is whether, pursuant to section 718.116(1)(a), the present owner of a condominium . . . Before we proceed to interpret the 2017 version of section 718.116(1)(a), which applies in this case, . . .

FEDERAL NATIONAL MORTGAGE ASSOCIATION, v. JKM SERVICES, LLC, FOR CEDAR WOODS HOMES CONDOMINIUM ASSOCIATION, INC., 256 So. 3d 961 (Fla. App. Ct. 2018)

. . . Association, Inc., the appellee ("Association"), under the so-called "Safe Harbor Statute," section 718.116 . . . The Association's petition was based on a provision of the Condominium Act, section 718.116(6)(c), Florida . . . (5)(a) ; section 718.116(6)(a) authorizes an action in the association's name "to foreclose a lien for . . . This power, whether based on (1) the court's statutory authority conferred by section 718.116(6) of the . . . provision governing liens for condominium assessments vis-a-vis first mortgages of record ( section 718.116 . . .

SMULDERS FOR HARRISON STREET, LLC E. v. THIRTY- THREE SIXTY CONDOMINIUM ASSOCIATION, INC., 245 So. 3d 802 (Fla. App. Ct. 2018)

. . . apparently paid the assessment, a prudent act that avoided a lien foreclosure lawsuit under section 718.116 . . .

FIRST EQUITABLE REALTY III, LTD. v. GRANDVIEW PALACE CONDOMINIUM ASSOCIATION, INC., 246 So. 3d 445 (Fla. App. Ct. 2018)

. . . Section 718.116(1)(a) provides that a condominium unit owner "is liable for all assessments which come . . . due while he or she is the unit owner." § 718.116(1)(a), Fla Stat. (2017). . . . Section 718.116(3) further provides that unpaid assessments shall bear interest from the due date until . . . Pursuant to section 718.116(3) and the Declaration of Condominium, the Association sought to recover . . . Under the plain and unambiguous language of section 718.116(3), the Association was entitled to recover . . .

HEMINGWAY VILLA CONDOMINIUM OWNERS ASSOCIATION, INC. v. WELLS FARGO BANK, N. A., 240 So. 3d 104 (Fla. App. Ct. 2018)

. . . amount of unpaid assessments, and specifically sought the "Safe Harbor" amounts pursuant to section 718.116 . . . response, but failed to account for the Safe Harbor protection offered to first mortgagees under section 718.116 . . . which sought, inter alia, compliance with and entitlement to the Safe Harbor provisions of section 718.116 . . . and not Fannie Mae) owned the loan such that Fannie Mae was not entitled to safe harbor under section 718.116 . . . from 2007 through the sale of the unit in 2013; and that all of the remaining requirements of section 718.116 . . .

BANK OF AMERICA, N. A. v. MIRABELLA OWNERS ASSOCIATION, INC. a LLC, HSBC USA, A- v. LLC,, 238 So. 3d 405 (Fla. App. Ct. 2018)

. . . Although section 718.116(5)(a), Florida Statutes, provides that an association's later-filed claim of . . . a claim of lien in the public records of the county in which the condominium parcel is located." § 718.116 . . . Jun. 13, 2017) ; § 718.116(5)(a), Fla. Stat. . . .

E. CALENDAR, v. STONEBRIDGE GARDENS SECTION III CONDOMINIUM ASSOCIATION, INC., 234 So. 3d 18 (Fla. Dist. Ct. App. 2017)

. . . Because the association has a lien on the unit by virtue of section 718.116(5)(a), Florida Statute (2016 . . . Section 718.116 clearly states that an association has a lien on each parcel, and implies that a claim . . . of a claim of hen in the public records of the county in which the condominium parcel is located. § 718.116 . . . Consequently, under section 718.116, where a declaration of condominium is recorded, such as in the instant . . . He indicated that a “statutory hen” is created by section 718.116(5)(a) and that a recorded claim of . . .

GONZALEZ v. INTERNATIONAL PARK CONDOMINIUM I ASSOCIATION, INC., 217 So. 3d 1128 (Fla. Dist. Ct. App. 2017)

. . . units within the 312-unit condominium that were delinquent in their payment of assessments, section 718.116 . . .

AGM INVESTORS, LLC, v. BUSINESS LAW GROUP, P. A. a M. H. R. LM LLC, a, 219 So. 3d 920 (Fla. Dist. Ct. App. 2017)

. . . See § 718.116(5)(a), Fla. . . . See § 718.116(5)(c), Fla. Stat. (2009). . . . See § 718.116(5)(b), (5)(c), (6)(b), Fla. Stat. (2010). . . .

WILMINGTON SAVINGS FUND SOCIETY, FSB, v. BUSINESS LAW GROUP, P. A. LM LLC, 319 F.R.D. 386 (M.D. Fla. 2017)

. . . . §§ 718.116(8)(b), 720.30851(2). . . . Stat §§ 718.116(l)(b)(l) (the "Condo Statute”) and 720.3085(2)(c) (the "HOA Statute"). . . . Under Sections 718.116(8) and 720.30851, upon request and within 15 days, an Association must provide . . . Stat. § 718.116(8)(c). . . . . that have been required to pay in excess of the statutory limit provided by Florida Statutes Chapters 718.116 . . .

SAN MATERA THE GARDENS CONDOMINIUM ASSOCIATION, INC. v. FEDERAL HOME LOAN MORTGAGE CORPORATION,, 207 So.3d 1017 (Fla. Dist. Ct. App. 2017)

. . . collect payments under a loan, was entitled to the benefit of the safe harbor provision of section 718.116 . . . Freddie Mac became jointly and severally liable with any balance owed by Bayview pursuant to section 718.116 . . . On appeal, the Association argues that the safe harbor provision of section 718.116(l)(b) is limited . . . Section 718.116(l)(a) provides that “a unit owner is jointly and severally liable with the previous owner . . . The statute defines “successor or assignee” as “a subsequent holder of the first mortgage.” § 718.116 . . .

JALLALI, v. KNIGHTSBRIDGE VILLAGE HOMEOWNERS ASSOCIATION, INC., 211 So. 3d 216 (Fla. Dist. Ct. App. 2017)

. . . .-, see also § 718.116(5)(a), Fla. . . .

VILLAGE SQUARE CONDOMINIUM, v. U. S. BANK NATIONAL ASSOCIATION,, 206 So.3d 806 (Fla. Dist. Ct. App. 2016)

. . . Bank National Association (“U.S.Bank”) qualified for safe harbor under section 718.116(l)(b), Florida . . . order for a foreclosing party to limit its liability pursuant to the safe harbor provisions of section 718.116 . . .

PNC BANK, NATIONAL ASSOCIATION, v. INLET VILLAGE CONDOMINIUM ASSOCIATION, INC. N. E. LLC,, 204 So.3d 97 (Fla. Dist. Ct. App. 2016)

. . . from seeking entitlement to the safe harbor protection for unpaid assessments contained in section 718.116 . . . Accordingly, the LLC maintained that PNC Bank was no longer entitled to section 718.116’s safe harbor . . . assessment lien superior to the mortgage lien, thereby precluding PNC Bank’s entitlement to section 718.116 . . . One percent of the original mortgage debt.... §■ 718.116(l)(b)l., Fla. Stat. . . . See § 718.116(5)(a), Fla. Stat. . . .

BRITTANY S PLACE CONDOMINIUM ASSOCIATION, INC. v. U. S. BANK, N. A., 205 So. 3d 794 (Fla. Dist. Ct. App. 2016)

. . . Bank met the statutory requirements entitling it to limited liability under section 718.116(l)(b) as . . . The statute at issue, section 718.116, is part of the Condominium Act, chapter 718, Florida Statutes. . . . Subsection (l)(b), the limited liability or safe harbor provision of section 718.116, provides that “ . . . Bank to be entitled to limited liability under section 718.116. . . . The starting point for our analysis is the text of section 718.116. See Heart of Adoptions, Inc. v. . . .

MADISON AT SOHO II CONDOMINIUM ASSOCIATION, INC. a v. DEVO ACQUISITION ENTERPRISES, LLC, a, 198 So. 3d 1111 (Fla. Dist. Ct. App. 2016)

. . . Croix Lane Trust, section 718.116(3) read, in pertinent part:. . . . Croix Lane Trust held that the same language in section 718.116(3) had no such effect. . . . to retroactively apply a newer version of section 718.116(3). . . . Croix Lane Trust, the bill amending section 718.116(3) was introduced into the leg? . . . As previously noted, the version of section 718.116(3) analyzed by the St. . . .

BANK OF NEW YORK MELLON f k a N. A. II v. SPERLING, a, 201 So. 3d 697 (Fla. Dist. Ct. App. 2016)

. . . See also § 718.116(5)(a), Fla. Stat. (2006). . . . The Bank directed the trial court to section 718.116(5)(a), Florida Statutes, which establishes the priority . . . herein, a priority which, by law, the lien, mortgage, or judgment did not have before that date. § 718.116 . . .

BANK OF AMERICA, N. A. v. KIPPS COLONY II CONDOMINIUM ASSOCIATION, INC. a CHARLES C. A., 201 So. 3d 670 (Fla. Dist. Ct. App. 2016)

. . . claims of the defendant with the exception of any assessments that are superior pursuant to sections 718.116 . . . For example, section 718.116(5)(a), Florida Statutes (2011) provides: The association has a lien on each . . . Association may enforce its interests in the unpaid assessments through foreclosure of its claim of lien. § 718.116 . . .

BONA VISTA CONDOMINIUM ASSOCIATION, INC. a v. LLC, a, 194 So. 3d 490 (Fla. Dist. Ct. App. 2016)

. . . See •§ 718.116(l)(a), Fla. . . . to any right the'owner may have to recover from the previous owner the amounts paid by the owner. § 718.116 . . . . 3d DCA 2013) (quoting Spiaggia I, 105 So.3d at 639) make clear, under the 2013 version of section 718.116 . . . Thus, as section 718.116(l)(a) confirms, because Bona Vista and FNS6 are jointly and severally hable . . . See § 718.116(l)(a), Fla. . . .

CATALINA WEST HOMEOWNERS ASSOCIATION, INC. v. FEDERAL NATIONAL MORTGAGE ASSOCIATION,, 188 So. 3d 76 (Fla. Dist. Ct. App. 2016)

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

IN RE MONTALVO,, 546 B.R. 880 (Bankr. M.D. Fla. 2016)

. . . . § 718.116. . Doc. No. 60-4, Sec. I. . Doc. No. 60-4, Sec. XIII, ¶ I. . . . . Stat. § 718.116(1)(a) ("A unit owner, regardless of how his or her title has been acquired, including . . .

HIDDEN RIDGE CONDOMINIUM HOMEOWNERS ASSOCIATION, INC. v. ONEWEST BANK, N. A., 183 So. 3d 1266 (Fla. Dist. Ct. App. 2016)

. . . Hidden Ridge answered, claiming an interest in the condo based upon its lien rights pursuant to section 718.116 . . .

MEADOWS ON GREEN CONDOMINIUM ASSOCIATION, INC. v. NATIONSTAR MORTGAGE, LLC,, 188 So. 3d 883 (Fla. Dist. Ct. App. 2016)

. . . See § 718.116, Fla. Stat. (2014). . . .

PLCA CONDOMINIUM ASSOCIATION, v. AMTRUST- NP SFR VENTURE, LLC,, 182 So. 3d 668 (Fla. Dist. Ct. App. 2015)

. . . AmTrust argued that it was entitled to ■ the safe harbor provision of section 718.116(l)(b), Florida . . . Specifically, section 718.116(l)(b) provides: (b) 1. . . .

FEDERAL NATIONAL MORTGAGE ASSOCIATION, v. LEGACY PARC CONDOMINIUM ASSOCIATION, INC., 177 So. 3d 92 (Fla. Dist. Ct. App. 2015)

. . . Fannie Mae argued that the amount was limited under safe harbor provisions in section 718.116, Florida . . . Its cause of action was based not upon the underlying foreclosure suit but upon section 718.116 and the . . . first-priority mortgage at issue and was therefore entitled to the safe harbor provision of section 718.116 . . .

BANK OF AMERICA, NATIONAL ASSOCIATION, By To BAC LP f k a LP, v. ENCLAVE AT RICHMOND PLACE CONDOMINIUM ASSOCIATION, H. J. n k a n k a, 173 So. 3d 1095 (Fla. Dist. Ct. App. 2015)

. . . affirmatively pleaded that BOA was entitled to the benefit of the assessment liability limitation under section 718.116 . . . Stat. § 718.116, the Plaintiffs lien is superior to any title and interest to any condominium assessments . . . claims of the defendants, with the exception of any assessments'that are superior pursuant to Sections 718.116 . . . argued that its liability for unpaid assessments was limited pursuant to the express terms of section 718.116 . . . apply only if the first mortgagee joined the association as a defendant in the foreclosure action. § 718.116 . . .

GRAND CENTRAL AT KENNEDY CONDOMINIUM ASSOCIATION, INC. v. SPACE COAST CREDIT UNION, E., 173 So. 3d 1089 (Fla. Dist. Ct. App. 2015)

. . . issue of whether Space Coast was entitled to the statutory limitation on liability set forth in section 718.116 . . . Specifically, Space Coast sought a ruling that it was entitled to the safe harbor provision of section 718.116 . . . court disagreed and granted Space Coast’s motion, limiting Space Coast’s liability pursuant to section 718.116 . . . not specifically reserve jurisdiction to determine the amount of assessments due pursuant to section 718.116 . . . specifically reserve jurisdiction to determine the amount of assessments due pursuant to section [] 718.116 . . .

CITATION WAY CONDOMINIUM ASSOCIATION, INC. v. WELLS FARGO BANK, N. A., 172 So. 3d 558 (Fla. Dist. Ct. App. 2015)

. . . final judgment and to determine amounts due to the Association for unpaid assessments under section 718.116 . . . claims against title and interest except for unpaid condominium assessments as provided in section 718.116 . . .

CENTRAL PARK A METROWEST CONDOMINIUM ASSOC. INC. v. AMTRUST REO I, LLC,, 169 So. 3d 1223 (Fla. Dist. Ct. App. 2015)

. . . (regarding its obligation to pay past-due condominium fees) of the safe-harbor provision of section 718.116 . . . REO responded, by letter, invoking the safe-harbor provisions of section 718.116. . . . response arguing that REO was not authorized to benefit from the safe-harbor provisions of section 718.116 . . . because the trial court lacked the authority to issue a post-judgment order on the issue of section 718.116 . . . Section 718.116 of Florida's Condominium Act provides, in relevant part: 718.116. . . .

ROUNDTREE, v. BUSH ROSS, P. A., 304 F.R.D. 644 (M.D. Fla. 2015)

. . . which is received after the date of this letter will be applied in accordance with Florida Statute § 718.116 . . . which is received after the date of this letter will be applied in accordance with Florida Statute § 718.116 . . .

IN RE HOLOKA v. Co., 525 B.R. 495 (Bankr. N.D. Fla. 2014)

. . . . § 718.116(2014). . Doc. 1-3, Exhibit K. . In re Plummer, 513 B.R. 135 (Bankr. . . .

U. S. BANK NATIONAL ASSOCIATION, v. F. FARHOOD a k a F. E. Jr., 153 So. 3d 955 (Fla. Dist. Ct. App. 2014)

. . . . § 718.116(5)(a), Fla. Stat. . . . plaintiff Bank to pay condominium assessments earlier and in amounts in excess of those required by section 718.116 . . . parties’ liens, based on any evidence submitted by the parties and the application of sections 695.11 and 718.116 . . . claims of lien by the Association, perhaps to preserve the effectiveness of the claim under section 718.116 . . . Section 718.116(5)(a) provides: (5)(a) The association has a lien on each condominium parcel to secure . . .

BELTWAY CAPITAL, LLC, v. GREENS COA, INC., 153 So. 3d 330 (Fla. Dist. Ct. App. 2014)

. . . Defendant’s Motion to Determine Amounts Due,” finding that Beltway could not seek safe harbor under section 718.116 . . . Section 718.116(l)(b), Florida Statutes, only includes the original lender, the lender’s successor, and . . . The Plaintiff is subject to the requirements of section 718.116(l)(a), Florida Statutes. 6. . . . Merits Section 718.116(l)(a), Florida Statutes (2012), part of the Condominium Act, not only makes a . . . Neither section 718.116 nor any other part of the Condominium Act define the term “first mortgagee.” . . .

ST. CROIX LANE TRUST M. L. v. ST. CROIX AT PELICAN MARSH CONDOMINIUM ASSOCIATION, INC., 144 So. 3d 639 (Fla. Dist. Ct. App. 2014)

. . . Because the circuit court erred in relying on section 718.116(3), Florida Statutes (2011), in ruling . . . By operation of § 718.116(3), Fla. Stat. . . . The Association argues that section 718.116(3) of the Condominium Act requires a different result. . . . Kli-ger, 983 So.2d 739 (Fla. 3d DCA 2008), can be read to interpret section 718.116(3) differently. . . . However, we do not find its discussion of section 718.116(3) persuasive here for two reasons. . . .

CENTRAL MORTGAGE COMPANY, v. M. CALLAHAN,, 155 So. 3d 373 (Fla. Dist. Ct. App. 2014)

. . . In its Answer, the Associations asserted entitlement to assessments pursuant to sections 718.116 and . . . claim of the defendants” with the exception of any assessments that are superior pursuant to section 718.116 . . . Central’s lien is superior to the Associations’ liens, except with respect to assessments under section 718.116 . . . not specifically reserve jurisdiction to determine the amount of assessments due pursuant to sections 718.116 . . .

IN RE LOPEZ,, 512 B.R. 663 (Bankr. D. Colo. 2014)

. . . assessments that come due after the date of the petition that would otherwise be owed under Florida Statute 718.116 . . .

B. LOSNER, v. AUSTRALIAN OF PALM BEACH CONDOMINIUM ASSOCIATION, INC., 139 So. 3d 986 (Fla. Dist. Ct. App. 2014)

. . . sufficiency of the service by publication and the content of the amended claim of lien under section 718.116 . . . Section 718.116(5)(b), Florida Statutes, states that a claim of lien by a condominium association for . . .

A TO Z PROPERTIES, INC. v. FAIRWAY PALMS II CONDOMINIUM ASSOC. INC., 137 So. 3d 453 (Fla. Dist. Ct. App. 2014)

. . . The trial court ruled that appellant was liable for the unpaid assessments under section 718.116(l)(a . . . In response, the Association argues that liability for unpaid assessments under section 718.116(l)(a) . . . Section 718.116(l)(a), by contrast, addresses liability for assessments on condominiums and provides . . . Section 718.116(1)(a) contains language that is identical in all relevant respects to the language of . . . Therefore, section 718.116(1)(a) does not save liens for unpaid assessments from extinguishment under . . .

BERMUDA DUNES PRIVATE RESIDENCES, v. BANK OF AMERICA,, 133 So. 3d 609 (Fla. Dist. Ct. App. 2014)

. . . an es-toppel certificate that complies with the limited liability protection afforded under section 718.116 . . . (l)(b), Florida Statutes; (Count II) declaratory judgment as to its rights under section 718.116(l)(b . . . Stat. § 718.116(l)(b) and required to pay the Defendant the lesser of 1% of the original mortgage, or . . . Stat. § 718.116, and the limited liability afforded to first mortgagees or their successors or assigns . . . (l)(b)(l) but rather falls under the purview of Florida Statute § 718.116(l)(a). . . .

AVENTURA MANAGEMENT, LLC, v. SPIAGGIA OCEAN CONDOMINIUM ASSOCIATION, INC., 149 So. 3d 690 (Fla. Dist. Ct. App. 2014)

. . . from the note and mortgage, and the Association’s secondary rights statutorily provided in section 718.116 . . . Spiaggia argued that Aventura Management was liable under section 718.116(l)(a), which provides in pertinent . . . The trial court interpreted section 718.116- as providing that Aventura Management, as the current owner . . .

UNITED STATES v. FOREST HILL GARDENS EAST CONDOMINIUM ASSOCIATION, INC., 990 F. Supp. 2d 1344 (S.D. Fla. 2014)

. . . See § 718.116(3), Fla. Stat. . . . (defining "special assessments”). . § 718.116(3), Fla. . . . CS for 1465 § 9 (1991) (introducing current § 718.116(1), Fla. Stat.) . . . . (defining "governing documents"). . §§ 718.116(1) Fla. Stat.; § 720.3085(2)(a), Fla. . . . . § 718.116(3), Fla. Stat.; see also § 720.3085(3), Fla. Stat. . . .

OCEAN BANK, v. CARIBBEAN TOWERS CONDOMINIUM ASSOCIATION, INC., 121 So. 3d 1087 (Fla. Dist. Ct. App. 2013)

. . . Section 718.116(l)(b), Florida Statutes (2012), capped the Bank’s liability for condominium assessments . . . claim that the Association’s assessments were capped at the statutory máximums mandated by section 718.116 . . .

J. MARSHALL, v. BUTTONWOOD BAY CONDOMINIUM ASSOCIATION, INC., 118 So. 3d 901 (Fla. Dist. Ct. App. 2013)

. . . Pursuant to section 718.116, Florida Statutes (2010), the Association filed an action against Marshall . . .

CITY OF PALM BAY, v. WELLS FARGO BANK, N. A., 114 So. 3d 924 (Fla. 2013)

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

BARNES, v. CASTLE BEACH CLUB CONDOMINIUM ASSOCIATION, INC., 106 So. 3d 86 (Fla. Dist. Ct. App. 2013)

. . . Ocean Condominium Association, Inc., 105 So.3d 637 (Fla. 3d DCA 2013), where we held that under section 718.116 . . .

AVENTURA MANAGEMENT, LLC, a v. SPIAGGIA OCEAN CONDOMINIUM ASSOCIATION, INC. a, 105 So. 3d 637 (Fla. Dist. Ct. App. 2013)

. . . correctly in my view, that Spiagga Ocean Condominium Association’s statutory lien, afforded by section 718.116 . . . To this end, section 718.116(8)(a), Florida Statutes (2008), obligates a condominium association, upon . . . Aventura Management, LLC and the majority focus almost exclusively on subsection (l)(a) of section 718.116 . . . Section 718.116 expressly authorizes the condominium association to proceed in the alternative as befits . . . See § 718.116(6)(a), Fla. . . . Appellee maintained that, as third party purchaser, Appellant was liable under section 718.116(l)(a), . . . the previous owner for all unpaid assessments that came due up to the time of transfer of title.” § 718.116 . . . To that end, section 718.116(5)(a) provides “[t]he association has a hen on each condominium parcel to . . . secure the payments of assessments.” § 718.116(5)(a), Fla. . . . Similarly, section 718.116(6)(a) states, in pertinent part, “[t]he association may bring an action in . . .

In D. PLUMMER,, 484 B.R. 882 (Bankr. M.D. Fla. 2013)

. . . And while Florida statutes section 718.116 does give the condominium association certain rights against . . . Florida Case Law As Modified by Florida Statute 718.116. . . . Stat. § 718.116(5)(a). . Id. . Id. . Fla. Stat. § 718.116(l)(a). . Fla. Stat. § 718.116(l)(b)(l). . . . . Stat. § 718.116(5)(a). . 11 U.S.C. § 1322(b)(2). . Id. . . . . Stat. § 718.116(c). .Doc. No. 29, at ¶ 10. . . . .

SAAR, v. WELLESLEY AT LAKE CLARKE SHORES HOMEOWNERS ASSOCIATION, INC., 68 So. 3d 417 (Fla. Dist. Ct. App. 2011)

. . . Section 718.116(5)(b), Florida Statutes, provides that “[t]o be valid, a claim of lien must state ... . . .

In COLONY BEACH TENNIS CLUB ASSOCIATION, INC. v., 456 B.R. 545 (M.D. Fla. 2011)

. . . . § 718.116(2). . . . This attempt violated en masse Section 718.116(2). . . .

In SPA AT SUNSET ISLES CONDOMINIUM ASSOCIATION, INC., 454 B.R. 898 (Bankr. S.D. Fla. 2011)

. . . The heart of OneW-est’s argument is Florida Statutes section 718.116(l)(b), which specifically limits . . . Stat. § 718.116(l)(b) (2010). . . . Citing section 718.116(l)(b), at least two Florida appellate courts denied essentially the same relief . . . OneWest asserts that section 718.116(1)(b) requires the same result in this case. . . . Therefore, § 506(c) preempts Florida Statutes section 718.116(l)(b). . . .

DEUTSCHE BANK NATIONAL TRUST COMPANY v. CORAL KEY CONDOMINIUM ASSOCIATION AT CAROLINA INC., 32 So. 3d 195 (Fla. Dist. Ct. App. 2010)

. . . requiring a bank to pay condominium assessments while foreclosure proceedings are pending since section 718.116 . . .

CARNIELLO, v. SECOND HORIZONS CONDOMINIUM ASSOCIATION, INC., 34 So. 3d 86 (Fla. Dist. Ct. App. 2010)

. . . . § 718.116(5)(b) Fla. Stat. (2008); § 718.116(10) Fla. Stat. (2008); Ferry-Morse Seed Co. v. . . .

U. S. BANK NATIONAL ASSOCIATION v. TADMORE,, 23 So. 3d 822 (Fla. Dist. Ct. App. 2009)

. . . Nor, as section 718.116(l)(b), Florida Statutes (2009) confirms, is it legally obligated to do so before . . . Ass’n, 895 So.2d 1197, 1197 (Fla. 3d DCA 2005) (noting that section 718.116(1) is a “safe harbor provision . . .

OCEAN TWO CONDOMINIUM ASSOCIATION, INC. v. KLIGER, 983 So. 2d 739 (Fla. Dist. Ct. App. 2008)

. . . .” § 718.116(3), Fla. Stat. (2004) (emphasis added). . . . to reduce the amount in controversy in a collection action — despite the clear protection of section 718.116 . . .

MARCO ISLAND CABLE, INC. a v. COMCAST CABLEVISION OF THE SOUTH, INC. a, 509 F. Supp. 2d 1158 (M.D. Fla. 2007)

. . . The association may use the provisions of s. 718.116 to enforce payment of the shares of such costs by . . .

GARCIA, v. STEWART,, 906 So. 2d 1117 (Fla. Dist. Ct. App. 2005)

. . . .” § 718.116(l)(a), Fla. Stat. (2004). . . . .” § 718.116(6)(a). . . . Section 718.116(6)(a) contemplates two possible actions the Association might have pursued — “an action . . .

BAY HOLDINGS, INC. v. ISLAND BOULEVARD CONDO. ASS N,, 895 So. 2d 1197 (Fla. Dist. Ct. App. 2005)

. . . an adverse judgment below holding that it does not come under the safe harbor provision of section 718.116 . . . Section 718.116(1) provides a statutory cap on liability of foreclosing mortgagees for unpaid condominium . . . See § 718.116(1), Fla. Stat. . . .

AGAN, v. KATZMAN KORR, P. A. C. L., 222 F.R.D. 692 (S.D. Fla. 2004)

. . . . §§ 718.116(5)(b), 559.72(9). . . .

TARA MANATEE, INC. a v. FAIRWAY GARDENS AT TARA CONDOMINIUM ASSOCIATION, INC. a, 870 So. 2d 32 (Fla. Dist. Ct. App. 2003)

. . . of the association, the Developer was operating under the developer guarantee provision of section 718.116 . . . acknowledged that the condominium was being operated under a developer guarantee authorized by section 718.116 . . .

D. PADOW, M. D. P. A. v. KNOLLWOOD CLUB ASSOCIATION, INC. a, 839 So. 2d 744 (Fla. Dist. Ct. App. 2003)

. . . acknowledged receipt of the check and indicated that it would apply the payment pursuant to section 718.116 . . .

C. GEORGE, v. BEACH CLUB VILLAS CONDOMINIUM ASSOC., 833 So. 2d 816 (Fla. Dist. Ct. App. 2002)

. . . the assessments for termite damage repairs, roof repairs, and roof replacement pursuant to section 718.116 . . . Section 718.116(5)(b), Florida Statutes (2002), states: [t]o be valid, a claim of lien must state the . . . Section 718.116(6)(a) states that the action to foreclose a lien is brought in the same manner as an . . . Section 718.116(3) references interest on assessments and installment payments on those assessments which . . .

A. C. CONDOMINIUM ASSOCIATION, INC. v. SUNTRUST BANK,, 815 So. 2d 720 (Fla. Dist. Ct. App. 2002)

. . . See § 718.116(b)(1), Fla. . . .

VILLORIN v. VILLAGE OF KINGS CREEK CONDOMINIUM ASSOCIATION, INC. a, 789 So. 2d 1157 (Fla. Dist. Ct. App. 2001)

. . . to the recovery of attorney’s fees and costs as the prevailing party pursuant to Florida Statute § 718.116 . . .

P. REUTER, v. COURTYARDS OF THE GROVE CONDOMINIUM ASSOCIATION,, 785 So. 2d 687 (Fla. Dist. Ct. App. 2001)

. . . . § 718.116(6)(b), Fla. Stat. (2000); Ralph v. . . .

GULF ISLAND RESORT, L. P. v. GULF ISLAND BEACH AND TENNIS CLUB CONDOMINIUM ASSOCIATION II, INC. a, 740 So. 2d 64 (Fla. Dist. Ct. App. 1999)

. . . See § 718.116(6)(a), Fla. Stat. (1997). . . . See § 718.116(6)(a); see also Mellor v. Goldberg, 658 So.2d 1162 (Fla. 2d DCA 1995); Gottschamer v. . . .

V. LIMNER, v. COUNTRY PINES CONDOMINIUM ASSOCIATION, INC. a, 709 So. 2d 154 (Fla. Dist. Ct. App. 1998)

. . . We hold that section 718.116, Florida Statutes (1993), limits the mortgagee’s liability in this ease . . . Such an owner would remain liable for the assessments as a “grantor” within the meaning of section 718.116 . . . Under section 718.116(5)(a), an association’s lien for unpaid assessments is effective as to a first . . .

W. ABRAMSON, v. BUCKLEY TOWERS CONDOMINIUM, INC., 695 So. 2d 489 (Fla. Dist. Ct. App. 1997)

. . . See § 718.116, Fla. Stat. (1995); Karpay v. . . .

M. A. GRONDIN, v. VILLA BISCAYA JARDINES, PHASE II, CONDOMINIUM ASSOCIATION, INC., 692 So. 2d 953 (Fla. Dist. Ct. App. 1997)

. . . documents recorded in 1974 take priority over a second mortgage recorded in 1980 pursuant to Section 718.116 . . .

A S OF DESTIN, INC. v. SUN KING TOWERS AND YACHT CLUB CONDOMINIUM OWNERS ASSOCIATION, INC., 691 So. 2d 24 (Fla. Dist. Ct. App. 1997)

. . . determine that there are factual and legal issues to be resolved concerning the application of sections 718.116 . . . (l)(a) and 718.116(9), Florida Statutes, and the legal effect of the release óf three condominium units . . .

RIS INVESTMENT GROUP, INC. f k a v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES CONDOMINIUMS AND MOBILE HOMES,, 695 So. 2d 357 (Fla. Dist. Ct. App. 1997)

. . . created through recordation of the declaration, until the sale of the units, in violation of section 718.116 . . . Section 718.116 is the section of the Condominium Act requiring all unit owners, regardless of how title . . .

M. WARD, v. CONDOMINIUM ASSOCIATION, INC. a, 670 So. 2d 1182 (Fla. Dist. Ct. App. 1996)

. . . The check should have been deposited and applied in accordance with the priorities recited in section 718.116 . . .

MAYA MARCA CONDOMINIUM APARTMENTS, INC. a v. O ROURKE,, 669 So. 2d 1089 (Fla. Dist. Ct. App. 1996)

. . . regarding deficiency judgments in mortgage foreclosure actions is applicable here, because section 718.116 . . .

LAKESHORE TOWNHOMES CONDOMINIUM ASSOCIATION, INC. a v. W. BUSH A. N. S. W., 664 So. 2d 1170 (Fla. Dist. Ct. App. 1995)

. . . pending motion for appellate attorney’s fees, pursuant to the Declaration of Condominium and section 718.116 . . .

STAR LAKES ESTATES ASSOCIATION, INC. v. AUERBACH, 656 So. 2d 271 (Fla. Dist. Ct. App. 1995)

. . . attorney’s fees as the prevailing party in the foreclosure action pursuant to Florida Statutes, Section 718.116 . . . See §§ 718.116(5)(a), (6)(a) Fla. Stat. (1993). . . . . § 718.116(10) Fla.Stat. (1993) (“The specific purpose or purposes of any special assessment approved . . . See § 718.116(6)(a), Fla.Stat. (1993) (“The Association is entitled to recover its reasonable attorney . . .

BROOKS, v. OCEAN VILLAGE CONDOMINIUM ASSOCIATION, INC., 656 So. 2d 275 (Fla. Dist. Ct. App. 1995)

. . . Association, Inc., filed a complaint to foreclose a claim of lien for condominium assessments under section 718.116 . . . asserted in this court that the notice of intent to foreclose the lien was deficient under subsection 718.116 . . .

In M. OLIVER, CITICORP SAVINGS OF FLORIDA, A FEDERAL SAVINGS AND LOAN ASSOCIATION, v. M. OLIVER,, 183 B.R. 87 (Bankr. W.D. Pa. 1995)

. . . See § 718.116 Fla.Stat. . . .

FEDERAL NATIONAL MORTGAGE ASSOCIATION, v. B. McKESSON, R., 639 So. 2d 78 (Fla. Dist. Ct. App. 1994)

. . . Section 718.116(l)(a), Florida Statutes (1993), which governs only condominium assessments, limits the . . .

BOWEN PLACE CONDOMINIUM ASSOCIATION, INC. v. MERITOR SAVINGS, F. A., 630 So. 2d 1250 (Fla. Dist. Ct. App. 1994)

. . . AFFIRMED without prejudice for appel-lees to pursue their claim, if any, pursuant to section 718.116, . . .

BROOKS, v. OCEAN VILLAGE CONDOMINIUM ASSOCIATION, INC., 625 So. 2d 111 (Fla. Dist. Ct. App. 1993)

. . . Count I sought to foreclose a claim of lien for condominium assessments under section 718.116, Florida . . .

FEDERAL DEPOSIT INSURANCE CORPORATION, v. VENTURE CORPORATION OF SARASOTA, INC., 622 So. 2d 581 (Fla. Dist. Ct. App. 1993)

. . . The trial court denied the motion, concluding that, under section 718.116, Florida Statutes (1991), the . . . Compare § 718.116, Fla.Stat. (1992). . . . . These issues include whether section 718.116, Florida Statutes (1991), precludes imposing such assessments . . .

ESTANCIA CONDOMINIUM ASSOCIATION, INC. v. SUNFIELD HOMES, INC., 619 So. 2d 1008 (Fla. Dist. Ct. App. 1993)

. . . Section 718.116(2), Fla.Stat. (1981). . . . Section 718.116(8), Fla.Stat. (1981). . . .

MEAD a v. OCEAN TRAIL UNIT OWNERS ASSOCIATION INC., 638 So. 2d 963 (Fla. Dist. Ct. App. 1993)

. . . Section 718.116(9)(a), Florida Statutes (1991), provides that no unit owner may be excused from paying . . .

SYDSTEAD CORP. v. S. MOHR,, 605 So. 2d 487 (Fla. Dist. Ct. App. 1992)

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

FORTENBERRY PROFESSIONAL BUILDING, v. ZECMAN,, 581 So. 2d 972 (Fla. Dist. Ct. App. 1991)

. . . See also section 718.116(4)(a), Florida Statutes. . . .

OCEAN BEACH RESORT, INC. v. RODACK,, 586 So. 2d 363 (Fla. Dist. Ct. App. 1991)

. . . defining “common elements”), 718.103(16) (defining “limited common elements”), 718.108, 718.115(1), 718.116 . . .

CRICKET CLUB CONDOMINIUM, INC. v. RESOLUTION TRUST CORPORATION,, 563 So. 2d 780 (Fla. Dist. Ct. App. 1990)

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

KILCULLEN v. WARWICK CONDOMINIUM ASSOCIATION, INC., 42 Fla. Supp. 2d 210 (Fla. Cir. Ct. 1990)

. . . of Lien for the unpaid assessments and must proceed pursuant to the provisions of Florida Statutes §718.116 . . .

WENDIMERE VILLAS PHASE I CONDOMINIUM ASSOCIATION, INC. v. GEISLER, 42 Fla. Supp. 2d 207 (Fla. Cir. Ct. 1990)

. . . association foreclosed a hen for unpaid assessments, costs and attorney’s fees pursuant to Section 718.116 . . .

In F. BUTCHER a k a F. J. F. B. Co., 108 B.R. 634 (Bankr. E.D. Tenn. 1989)

. . . 22, 1983. .The Association is authorized to make and collect assessments pursuant to Florida Statute 718.116 . . .

B. KARPAY, v. LAS BRISAS CONDOMINIUM ASSOCIATION, INC., 517 So. 2d 756 (Fla. Dist. Ct. App. 1987)

. . . We do not find that section 718.116 is a model of clarity in establishing the personal liability of parties . . . It is clear from section 718.116(l)(a) that a “grantee shall be jointly and severally liable with a grantor . . .

WELLEBY CONDOMINIUM ASSOCIATION ONE, INCORPORATED, v. WILLIAM LYON COMPANY,, 522 So. 2d 35 (Fla. Dist. Ct. App. 1987)

. . . the Defendant owned “condominium parcels”, which were subject to assessment by the Plaintiff under § 718.116 . . . coming due while he is the owner of the unit. 10. § 711.15(1) has been amended and is now codified as § 718.116 . . .

WIMBLEDON TOWNHOUSE CONDOMINIUM I, ASSOCIATION, INC. v. WOLFSON, 510 So. 2d 1106 (Fla. Dist. Ct. App. 1987)

. . . complaint seeking to foreclose a claim of lien for condominium assessments made pursuant to section 718.116 . . .

DEPARTMENT OF BUSINESS REGULATION, FLORIDA LAND SALES CONDOMINIUMS AND MOBILE HOMES v. GRANADA LAKES DEVELOPMENT CORPORATION,, 28 Fla. Supp. 2d 180 (Fla. Div. Admin. Hearings 1987)

. . . Under section 718.116(8)(b), Florida Statutes (1983): A developer or other person owning condominium . . . shall not apply to budgets in which the level of assessments has been guaranteed pursuant to Section 718.116 . . . strategy could be countenanced, the attempt fails here for failure to comply with the language of Section 718.116 . . .

OCEANCREST CONDOMINIUM APARTMENTS, INC. v. DONNER,, 504 So. 2d 447 (Fla. Dist. Ct. App. 1987)

. . . amended answer, the defendants raised an additional affirmative defense — immunity pursuant to section 718.116 . . . Section 718.116(8)(b), Florida Statutes (1983), permits excusing a developer from paying his share of . . . As appellants point out, section 718.116(8)(a), Florida Statutes (1983), permits a four months’ grace . . .

In MAAS,, 69 B.R. 245 (Bankr. M.D. Fla. 1986)

. . . . § 718.116(4) at O.R. 6260, Page 2021. . . . Nothing in Fla.Stat. § 718.116(4) indicates that post-petition recordation would relate back to a time . . . of lien by the Association constituted a violation of the automatic stay because under Florida law § 718.116 . . .

HALDALE CORP. v. AVANTE GARDE CONDOMINIUM ASSOCIATION, INC. a, 502 So. 2d 2 (Fla. Dist. Ct. App. 1986)

. . . notice to the appellant of the foreclosure proceedings or compliance with the provisions of Section 718.116 . . .

STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES, v. S. K. CUTLIP, INC., 484 So. 2d 1378 (Fla. Dist. Ct. App. 1986)

. . . the Developer of the Colonial Isle Condominiums with failure to pay assessments required by section 718.116 . . . The Division had the power to enforce compliance with section 718.116(1). . . .

ELBADRAMANY, v. OCEANS SEVEN CONDOMINIUM ASSOCIATION, INC., 461 So. 2d 1001 (Fla. Dist. Ct. App. 1984)

. . . purport to transform a fine into a common expense and thus make the fine enforceable under section 718.116 . . .

PALM BAY TOWERS CORPORATION, v. B. BROOKS, 466 So. 2d 1071 (Fla. Dist. Ct. App. 1984)

. . . .; § 718.116(8)(a), Fla.Stat. (1983), does not support the majority’s conclusion here. . . .

SCUTIERI, v. SUNRISE POINT CONDOMINIUM ASSOCIATION, INC. a, 441 So. 2d 670 (Fla. Dist. Ct. App. 1983)

. . . . §§ 57.041, 718.116(4)(a), 718.303(1), Fla.Stat. (1981). . . .