Elbadramany v. Oceans Seven Condominium Association, Inc.
FL · Florida Fifth District Court of Appeal
Member win · fines
What happened
Oceans Seven's review committee fined unit owner Fadel Elbadramany $5 per day for parking a boat and trailer on condominium parking common elements. After about nine and a half months, the association foreclosed a claim of lien for unpaid fines (initially pled as $930). The trial court entered foreclosure for $3,295 in fines plus fees/costs totaling $12,156.50 and ordered a public sale. On rehearing, the Fifth DCA withdrew its prior opinion, reversed, and remanded (Dec. 20, 1984).
What the court (or agency) held
A condominium fine is not a "common expense" and cannot support a foreclosure lien against the unit—even if the declaration says fines are collectible like assessments. Fines punish or coerce the individual violator and are not levied proportionally on all owners as § 718.115 requires for common expenses; governing documents cannot authorize collection procedures inconsistent with the Condominium Act. The foreclosure judgment based on unpaid boat/trailer parking fines was reversed. Historical note in the opinion: the Legislature later enacted express "fine may not become a lien" language in § 718.303(3).
Why this matters for members
Labeling a fine a "common expense" in the declaration does not make it lienable if that conflicts with the Condominium Act's proportional-assessment structure. Fine-to-foreclosure shortcuts fail when statute bars treating fines as assessments.
What the member did
Appealed the foreclosure judgment and successfully attacked the association's attempt to relabel fines as lienable common expenses.
Questions for the board
- Do our governing documents claim that fines are collectible as common expenses or by foreclosure lien?
- What notice and hearing steps do we follow before assessing a fine under current Chapter 718?
- How do we distinguish fines from regular assessments in billing and lien practices?
Questions for a lawyer
- Under current § 718.303 and related provisions, what collection remedies remain available for unpaid condominium fines?
- How should we respond if an association files a claim of lien that appears to be based solely on fines?
- What statute-change history since 1984 affects fine-lien analysis in our community?
Citation
Elbadramany v. Oceans Seven Condominium Association, Inc., 461 So. 2d 1001 (Fla. 5th DCA 1984); No. 83-1502 (1984-12-20). Florida Fifth District Court of Appeal. Outcome chip: fines-authority hub / secondary — never withhold dues. Flags: statute-changed. Source: https://exa.ai/library/legal/opinion/l1jq9zlz4g0w13tfj07kc9ns
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.