Legal Opinion

Carniello v. Second Horizons Condominium Ass'n

District Court of Appeal of Florida

Decided April 7, 2010No. 3D08-1326Published

1Opinion of the Court

SCHWARTZ, Senior Judge.

The primary issue in this case concerns the validity of a so-called “assessment lien” imposed on June 26, 2009 in favor of a condominium association on a unit purchased by Lazaro Núñez and Jeimy Salazar on June 2, 2004. The lien was for $4,051.74 incurred in repairing the air-conditioner on May 16, 2003, when it was owned and occupied by Tania Carniello. We find no basis for the establishment of a lien on the property, so as to burden a subsequent purchaser of the unit for those expenses, and therefore reverse to that extent the judgment on appeal.

The parties differ as…

2Cases cited6 opinions

  1. Bean v. Higgins, Inc.Supreme Court of Louisiana · 1956
  2. Pritchett v. State Farm Mut. Auto. Ins. Co.Court of Civil Appeals of Alabama · 2002
  3. Siegle v. Progressive Consumers Ins. Co.District Court of Appeal of Florida · 2001
  4. Ferry-Morse Seed Co. v. HitchcockSupreme Court of Florida · 1983
  5. Star Lakes Estates Ass'n, Inc. v. AuerbachDistrict Court of Appeal of Florida · 1995

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