In short: 92 On The Bay, LLC bought a Miami-Dade parcel at a tax deed sale that The River Front Master Association used as a playground and dog-walk area, and it locked the gate. The trial court entered a temporary injunction keeping the association’s use in place while the buyer’s quiet title case went forward, and refused to dissolve it. The Third District affirmed on June 26, 2024, without a written opinion explaining its reasons.
The Facts
The River Front Master Association, Inc. is the master association for a Miami development that, according to the arguments, includes three condominiums. The parties described how the association acquired a nearby parcel after an earlier tax deed sale, deeded it into association ownership in 2019, and recorded covenants making it common area. It was used as a children’s playground and a dog-walk area.
The parcel went to tax deed sale again, and 92 On The Bay, LLC bought it. The buyer locked the gate and brought a quiet title action. The association filed an emergency motion for a temporary injunction, which the trial court granted, and the court later refused to dissolve the injunction. The buyer appealed both orders, and the two appeals (Nos. 3D2023-1363 and 3D2023-1562) were consolidated.
The points below are what the lawyers argued at oral argument, not findings by the court.
- The buyer argued that a temporary injunction requires an evidentiary hearing and none was held, that the association never pleaded a claim for injunctive relief as the committee note to Rule 1.610 suggests is required, and that it was in possession of the parcel when the injunction was entered.
- The buyer argued the association could not show a likelihood of success because the parcel was never submitted to condominium ownership under chapter 718, and nothing in chapter 720 bars the separate sale of a homeowners’ association common area.
- The association relied on Village Doral Place Association v. RU4 Real, Inc., arguing that every owner with an interest in the common area was entitled to notice of the tax sale, and that its declaration tied the parcel to the condominiums and their unit owners. It said the injunction only preserved the status quo and kept up maintenance of a playground while title was decided.
- The panel asked how the buyer had preserved its objections to the lack of evidence when it did not raise them at the first hearing, which side bore the burden on condominium declarations that were not in the record, and whether chapters 718 and 720 really differ on this point.
The Decision
The Third District affirmed on June 26, 2024. The ACIS docket lists the disposition as “Affirmed.” We could not locate a written opinion explaining the court’s reasons, and the mandate issued July 17, 2024.
Because the appeal was from a temporary injunction, the affirmance leaves the injunction in place while the quiet title case continues. It does not decide who owns the parcel, whether the tax deed is valid, or whether an association’s common area can be sold at a tax deed sale. An affirmance without an opinion decides only this case.
The Law
Florida Rule of Civil Procedure 1.610 governs temporary injunctions. The party seeking one must generally show irreparable harm, no adequate remedy at law, a substantial likelihood of success on the merits, and that the injunction serves the public interest. Trial courts have broad discretion, and appellate review of a temporary injunction is deferential. The rule is on floridarules.net.
Condominium common elements are created by recording a declaration that submits land to condominium ownership under section 718.104. Homeowners’ association common areas are defined in section 720.301. Whether a parcel is condominium common elements or association common area was the central merits question the parties argued.
Tax deed sales are governed by chapter 197. Section 197.502 sets out who must receive notice before a tax deed issues. Whether everyone with an interest in common property must be notified was part of the association’s argument.
Lessons
- Associations should make sure common area parcels are assessed and taxed correctly. A tax deed sale of a playground or amenity parcel can lead to years of litigation.
- Tax deed buyers should check whether a parcel is subject to recorded covenants or used as common area before bidding. Locking out residents can bring an emergency injunction.
- If you object to a temporary injunction hearing going forward without evidence, say so on the record at the hearing. Raising it later may be too late.
- Appeals from temporary injunctions are hard to win because of the deferential standard. The real fight is usually the underlying title case.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
🌳 Tax Deed Buyer Enjoined From an HOA Common Area — Injunction Without Evidence? Florida Appeal
Go Deeper
- HOA Lost Its Common Areas. Can It Recover Developer Improvements? (Centennial v. Dolomite)
- Tax Deed Surplus Funds in Florida: Who Gets the Money and How Fast You Must Claim It
- Who Owns the Spa and Lobby? Condo-Hotel Rights on Appeal (North Carillon v. Z Capital)
Frequently Asked Questions
Can HOA common area be sold at a tax deed sale in Florida?
It can happen when taxes go unpaid, and whether the sale holds up can depend on notice and on whether the land is condominium common elements or homeowners’ association common area. In 92 On The Bay, the Third District affirmed a temporary injunction for the association but did not decide that question.
Does a temporary injunction require an evidentiary hearing?
Generally the party seeking it must prove its entitlement, usually with evidence. In this case the buyer argued no evidence was taken, but the panel asked whether that objection was raised at the hearing, and the court affirmed without explaining its reasons.
What happens if I buy property at a tax deed sale and the HOA claims it?
You may need a quiet title action to confirm ownership, and a court may keep the existing use in place while the case is pending. Here, the buyer was enjoined from blocking the association’s use of the parcel during its quiet title suit.
Are condominium common elements different from HOA common areas?
Yes. Common elements are part of the condominium created by a recorded declaration under chapter 718 and generally cannot be separated from the units. HOA common areas under chapter 720 are typically owned by the association. The parties in this case argued over which category the parcel fell into.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate disputes, title problems and appeals from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
