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

Questions for a lawyer

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._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.