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Heads The Condo Unit Owners Win, Tails, The Condo Unit Owners Lose!!

02 Apr 2015

Notwithstanding the fact that unit owners successfully sue their own Condominium Association, and that a Final Judgment, including attorneys’ fees and costs, is entered in favor of the unit owners and against their Condominium Association, the Condominium Association is still entitled to assess the unit owners, and the unit owners are required to pay that assessment, in order to satisfy the Final Judgment.  The reason for the suit and the basis of the judgment, even if the Board of Directors has acted improperly or without authority, does not make a difference or diminish the unit owners’ obligation to pay that assessment.  The unit owners’ obligation to pay the assessment to satisfy that Judgment is solely conditioned on each unit owners’ ownership of a condominium unit, and whether the assessment to satisfy the Final Judgment conforms with the Condominium’s Declaration and other Governing Documents, as authorized by Chapter 718, Florida Statutes.