CSK Defense Team
Fort Myers Partner Brian Williams
Fort Myers Associate Elizabeth Santiago
Case Summary
This dispute arose after a condominium unit owner challenged a special assessment imposed following Hurricane Ian and the association's efforts to collect the unpaid balance through foreclosure. The Plaintiff alleged that the assessment was improperly allocated under the governing documents and that the Board failed to follow the required procedures when approving the assessment and selecting contractors to perform storm-related repairs.
The Plaintiff also disputed the association's ability to enforce its lien, arguing that alleged deficiencies in the assessment process made the foreclosure action improper.
Defense Strategy
The CSK Defense Team focused on the Board's authority under Florida law and the condominium declaration to respond to hurricane-related damage. Counsel demonstrated that the Board was authorized to act quickly following the declared state of emergency and to approve a special assessment to fund necessary repairs.
The defense also established that the assessment was properly adopted and that the Plaintiff failed to pay the amounts owed. Together, the governing documents, applicable law, and undisputed evidence supported the association's right to enforce its lien through foreclosure.
Outcome
The Court granted final summary judgment in favor of the Defendant, concluding that the Board properly exercised its emergency authority and that the special assessment was valid and enforceable. The Court also found no genuine issue of material fact regarding the unpaid amounts and upheld the association's right to foreclose its lien.
The Court's ruling confirms that properly adopted emergency assessments and related collection efforts will be upheld when they comply with Florida law and the condominium's governing documents.
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