A Tampa condominium association that prevailed in a circuit court ruling awarding it more than $36,000 in past-due assessments from a foreclosing lender was ultimately done in by its own initial pleadings stating that it was entitled only to a capped amount in accordance with Florida law and its own declaration.
In the case of Bank of America v. The Enclave at Richmond Place Condominium Association, Bank of America appealed the trial court’s decision that it was not entitled to the statutory “safe harbor” liability caps for past-due association assessments for foreclosing lenders. The Second District Court of Appeal reversed the lower court’s ruling, and it based its decision on the association’s own initial responses and pleadings from the onset of the foreclosure proceedings.
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