Condominium b association at mediterranea inc.
Wellesley at Lake Clarke Shores Homeowners Ass n, 68 So. We have previously cited to George with approval for the proposition that it is improper to piggyback unpled claimed assessments on top of those claimed in the claim of lien and the foreclosure complaint. Adding assessments not naturally accruing from assessments pled in the complaint violates due process because the owner does not have notice to prepare a defense, including alleging separate defenses in regards to the later added assessments. In George, the Third District reversed an award of additional assessments that were not contained in the association s pleadings, concluding that litigating these additional assessments violated the owner s due process rights. However, the word accrue references assessments already made before a claim of lien is filed, but coming due afterwards but it does not refer to additional assessments for other purposes, such as separate assessments that are assessed against an owner after the time the complaint to foreclose on a claim of lien is filed. Section 718.116(5)(b), Florida Statutes, states that a claim of lien by a condominium association for unpaid assessments secures all unpaid assessments that are due and that may accrue after the claim of lien is recorded and through the entry of final judgment. Summary judgment is proper if there is no genuine issue of material fact and if the moving party is entitled to a judgment as a matter of law. We review an order granting final summary judgment de novo. We agree with this challenge, reverse the final judgment in part, and remand for correction.
CONDOMINIUM B ASSOCIATION AT MEDITERRANEA INC. TRIAL
Appellant s last challenge is to whether it was error for the trial court to find in favor of the Association on two special assessments in addition to the quarterly assessments when the special assessments were not contained in any pleading. We find these first two challenges without merit and affirm the judgment of foreclosure for the unpaid quarterly assessments without further comment.
Appellant s first two challenges concern the sufficiency of the service by publication and the content of the amended claim of lien under section 718.116(5)(b), Florida Statutes (2012). In this foreclosure action, Appellant Ronald Losner, as an heir of the deceased owner of a unit in Appellee The Australian of Palm Beach Condominium Association s ( Association ) property, appeals the trial court s order of final summary judgment of foreclosure on the unit for unpaid condominium assessments. Joy Mattingly of Becker & Poliakoff, P.A., Miramar, for appellee. 4D13-1669 Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County Howard H. THE AUSTRALIAN OF PALM BEACH CONDOMINIUM ASSOCIATION, INC., Appellee. LOSNER, unknown heir of SHIRLEY LOSNER, Appellant, v. DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2014 RONALD B.