Aventura Management, LLC v. Spiaggia Ocean Condominium Ass'n

I respectfully dissent.

The majority opinion presents a conundrum. It first concludes, correctly in my view, that Spiagga Ocean Condominium Association’s statutory lien, afforded by section 718.116(5)(a), Florida Statutes (2008), “survives the foreclosure.” Maj. Op. at 5; see also Lassiter v. Kaufman, 581 So.2d 147, 148 (Fla.1991); Contos v. Lipsky, 433 So.2d 1242, 1245-46 (Fla. 3d DCA 1983). It then invokes subsection (l)(a) of the same statute, stating that “the prior owner,” which it interprets to be the Association, “is jointly and severally liable with the current owner for all past due…