Bank of America v. The Enclave at Richmond Place Condominium Association, Inc.

BLACK, Judge.

In this appeal, Bank of America, N.A. (BOA), challenges the trial court’s order denying BOA’s motion to enforce the final judgment of foreclosure. Because The Enclave at Richmond Place Condominium Association (Association) affirmatively pleaded that BOA was entitled to the benefit of the assessment liability limitation under section 718.116(l)(b), Florida Statutes (2013) (safe harbor provision), we reverse.

The facts relevant to our holding are few.' Countrywide Home Loans, Inc., initiated a foreclosure action naming the Association as a defendant. Paragraph 10 of the complaint…