Appellate Court Determines Property Owner’s Rights Post Sale of Property

Appellate Court Determines Property Owner's Rights Post Sale of Property

Property Owner’s Rights post sale of property was recently determined by the Appellate Court. Ferrer Law Group secured a significant win in favor of its client, a condo owner, in a dispute with his condominium association, where the Association was attempting to foreclose on the owner’s unit for unpaid maintenance. Ferrer Law Group was successful in defending the foreclosure lawsuit filed by the Association, however, the condo owner has transferred his ownership of the condo property before the lawsuit concluded. The association argued that the condo owner was not entitled to be paid for his attorneys’ fees as the prevailing party because he no longer owned the condo at the time the lawsuit concluded. Such a situation would mean that any property owner would have to bear the expensive litigation costs of successfully defending what was their property at the time their Association filed a lawsuit against them.

Significantly, the appellate court determined a property owner is entitled to recover attorney’s fees as the prevailing party, under both the community’s governing documents and Florida’s Condo Act, even though the owner sold the property during the pendency of the litigation. The opinion benefits all property owners who find themselves in the middle of a long legal battle with their association, because sale of the property will not prevent recovery of the legal fees incurred in defending the lawsuit.

Congratulations to the attorneys of Ferrer Law Group, Lourdes Ferrer, Michael Ross, and Geoffrey Curreri! Link to the court order where the appellate court determines property owner’s rights post sale of property.…

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