From Casetext: Smarter Legal Research

Bay Holdings, Inc. v. 2000 Island Boulevard Condo. Ass'n

District Court of Appeal of Florida, Third District
Feb 23, 2005
895 So. 2d 1197 (Fla. Dist. Ct. App. 2005)

Summary

In Bay Holdings, Inc. v. 2000 Island Boulevard Condominium Ass'n, 895 So.2d 1197, 1197 (Fla. 3d DCA 2005), this Court, in addressing the analogous statute concerning condominium associations, stated that the “safe harbor” provision “provides a statutory cap on liability of foreclosing mortgagees.

Summary of this case from Catalina W. Homeowners Ass'n, Inc. v. Fed. Nat'l Mortg. Ass'n

Opinion

No. 3D04-1851.

February 23, 2005.

Appeal from the Circuit Court, Miami-Dade County, Maxine Cohen Lando, J.

Camner, Lipsitz and Poller, P.A., and Neale J. Poller and Bruce Jacobs (Coral Gables), for appellant.

Phillips, Eisinger Brown, P.A., and Jed L. Frankel (Hollywood), for appellee.

Before COPE, WELLS and SHEPHERD, JJ.


Bay Holdings, Inc., a wholly-owned subsidiary of Bank United FSB, appeals an adverse judgment below holding that it does not come under the safe harbor provision of section 718.116(1) of the Florida Statutes. Bay Holdings was the subsequent assignee of a final judgment of foreclosure obtained by Bank United, after Bank United became the foreclosing first mortgagee on a condominium unit in Miami-Dade County, Florida. Section 718.116(1) provides a statutory cap on liability of foreclosing mortgagees for unpaid condominium assessments that become due prior to the first mortgagee's acquisition of title pursuant to a foreclosure proceeding. Because the statute clearly and unambiguously affords this safe harbor only to first mortgagees or "a subsequent holder of the first mortgage," (emphasis supplied), we affirm. See § 718.116(1), Fla. Stat.

As the Florida Supreme Court has recently reminded, "[w]e are not at liberty to add words to statutes that were not placed there by the Legislature." Knowles v. Beverly Enterprises, ___ So.2d ___, ___, 2004 WL 2922097, slip op. at 11 (Fla. December 16, 2004) (Cantero, J., concurring), citing Hayes v. State, 750 So.2d 1, 4 (Fla. 1999). To do so, would be an abrogation of legislative power. Donato v. American Tel. Tel. Co., 767 So.2d 1146, 1150 (Fla. 2000); Holly v. Auld, 450 So.2d 217, 219 (Fla. 1984) (courts are "without power to construe an unambiguous statute in a way which would extend, modify, or limit its express terms").

Affirmed.


Summaries of

Bay Holdings, Inc. v. 2000 Island Boulevard Condo. Ass'n

District Court of Appeal of Florida, Third District
Feb 23, 2005
895 So. 2d 1197 (Fla. Dist. Ct. App. 2005)

In Bay Holdings, Inc. v. 2000 Island Boulevard Condominium Ass'n, 895 So.2d 1197, 1197 (Fla. 3d DCA 2005), this Court, in addressing the analogous statute concerning condominium associations, stated that the “safe harbor” provision “provides a statutory cap on liability of foreclosing mortgagees.

Summary of this case from Catalina W. Homeowners Ass'n, Inc. v. Fed. Nat'l Mortg. Ass'n

noting that section 718.116 is a “safe harbor provision” that “provides a statutory cap on liability of foreclosing mortgagees for unpaid condominium assessments that become due prior to the first mortgagee's acquisition of title pursuant to a foreclosure proceeding”

Summary of this case from Beltway Capital, LLC v. Greens COA, Inc.

noting that section 718.116 is a "safe harbor provision" that "provides a statutory cap on liability of foreclosing mortgagees for unpaid condominium assessments that become due prior to the first mortgagee's acquisition of title pursuant to a foreclosure proceeding"

Summary of this case from U.S. Bank v. Tadmore
Case details for

Bay Holdings, Inc. v. 2000 Island Boulevard Condo. Ass'n

Case Details

Full title:BAY HOLDINGS, INC., et al., Appellant, v. 2000 ISLAND BOULEVARD CONDO…

Court:District Court of Appeal of Florida, Third District

Date published: Feb 23, 2005

Citations

895 So. 2d 1197 (Fla. Dist. Ct. App. 2005)

Citing Cases

U.S. Bank v. Tadmore

One percent of the original mortgage debt. . . .See Bay Holdings, Inc. v. 2000 Island Blvd. Condo. Ass'n, 895…

United States v. Forest Hill Gardens E. Condo. Ass'n, Inc.

Rine v. Imagitas, Inc., 590 F.3d 1215, 1222 (11th Cir.2009) (internal quotation marks omitted). Florida's…