In short: Under the 2014 decision, no: a buyer at a foreclosure sale was jointly liable only with the immediately prior owner, so when the condo association itself had held title, the buyer did not owe the original owner’s unpaid assessments. In Aventura Management, LLC v. Spiaggia Ocean Condominium Ass’n, the Third District reversed a judgment making the buyer pay everything on March 5, 2014, and ordered judgment for the buyer. The Legislature has since amended section 718.116, and a case on these facts could come out differently today.
The Facts
An individual bought a unit at the Spiaggia Ocean condominium in Miami-Dade with a bank loan and soon fell behind on both the mortgage and the association’s assessments. The association foreclosed its assessment lien, got a final judgment in July 2009, and took title at its own sale as the only bidder, subject to the bank’s first mortgage. It rented the unit and used the rent to pay assessments as they came due.
The bank then foreclosed, and Aventura Management, LLC bought the unit at the bank’s sale in September 2010. The association sought the original owner’s unpaid assessments from Aventura. In the first appeal, Aventura Management, LLC v. Spiaggia Ocean Condominium Ass’n, 105 So. 3d 637 (Fla. 3d DCA 2013), the court held that the association’s lien survived its own foreclosure sale and sent the case back. On remand, the trial court ruled that the original owner, the association and Aventura were all jointly and severally liable, but that the association could collect everything from Aventura and leave it to seek contribution.
Aventura appealed again (No. 3D13-1437). The points below are what the lawyers argued, not findings by the court.
- Aventura argued the statute makes a buyer liable only with the previous owner, which here was the association, so the association could not collect the original owner’s debt from Aventura. It said the debt became a wash once the association took title.
- It also argued that a buyer has no reliable way to learn what is owed before bidding, since the association gives account information only to the owner or the owner’s designee.
- The association argued Aventura had conceded it owed everything that came before it, and that the statute gave Aventura only a right to recover from the prior owner after paying, not a setoff.
- Both sides and the panel agreed the Legislature needed to decide who gets stuck with the bill.
The Decision
The Third District reversed in a written opinion on March 5, 2014. Relying on its first Spiaggia opinion and on Park West Professional Center Condominium Ass’n v. Londono, it held that a unit owner who takes title at a foreclosure sale is jointly and severally liable for unpaid assessments only with the immediate prior owner. Because the association took title at its own sale, Aventura’s exposure ran back only to the date the association acquired the unit, and Aventura could not be held liable for the original owner’s unpaid assessments. The court directed the trial court to enter judgment for Aventura. The association could still pursue the original owner.
The association moved for rehearing and clarification but withdrew that motion with prejudice in October 2014, and the mandate issued November 4, 2014.
The Law
Section 718.116(1)(a), as applied in this case, made a unit owner, however title was acquired, liable for assessments coming due while he or she owns the unit, and jointly and severally liable with the previous owner for unpaid assessments that came due up to the transfer of title, without prejudice to recovering from that previous owner. Separate limits in section 718.116(1)(b) cap what a first mortgagee owes when it takes title through foreclosure.
Current law (2026): Section 718.116(1)(a) now says the term “previous owner” does not include an association that acquires title to a delinquent unit through foreclosure or by deed in lieu, and that a present owner’s liability for unpaid assessments is limited to unpaid assessments that accrued before the association acquired title. That language changes the analysis this case turned on, so the 2014 result should not be relied on for current transfers without checking the statute in effect.
Lessons
- Before bidding on a condo at a foreclosure sale, find out the chain of title and what the association claims is owed, including any recorded claim of lien.
- Who held title, and when, can decide which unpaid assessments follow the unit.
- Statutes in this area change. Check the version of section 718.116 that applies to your transfer.
- An association that takes title through its own foreclosure has a different position under the current statute than it did in this case.
Source: Aventura Management, LLC v. Spiaggia Ocean Condominium Ass’n, No. 3D13-1437 (Fla. 3d DCA Mar. 5, 2014); ACIS docket.
Watch the Oral Argument
These are recordings of the actual oral argument, posted on the channel in two uploads. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
💼 Who Owes the Past-Due Assessments? A Third-Party Buyer and Section 718.116
📜 "Dura Lex Sed Lex" — A Third Trip Up on Who Owes What Under the Condominium Statute
Go Deeper
- How Far Back Does a Condo Buyer Owe Unpaid Assessments? (Park West v. Londono)
- The Condo Association Owned the Unit First: Who Owes the Old Dues? (Bentley Bay v. Mesas)
- Can a Lender Appeal After Selling the Condo and Paying the Association? (Chase v. Sixto)
Frequently Asked Questions
Do I have to pay the past owner's condo fees if I buy at a foreclosure sale?
Often yes, at least in part. Under section 718.116, a new owner is generally jointly and severally liable with the previous owner for unpaid assessments that came due before the transfer, with a right to seek repayment from that owner. A first mortgagee that takes title gets a capped amount.
What if the condo association owned the unit before me?
In Aventura v. Spiaggia (2014), the buyer was not liable for the original owner’s dues because the association was the immediately prior owner. The statute now says an association that took title by foreclosure is not a “previous owner” for this purpose, so check the current law before relying on that result.
How can I find out how much is owed before I bid on a condo?
Look for a recorded claim of lien and the foreclosure file, and ask the association. At argument, the buyer’s lawyer pointed out that associations usually give account details only to the owner or the owner’s designee, which makes due diligence hard.
Can the buyer recover the old assessments from the prior owner?
The statute says the new owner’s liability is without prejudice to recovering from the previous owner the amounts paid. Whether that is worth pursuing depends on whether the prior owner can pay.
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.
