Florida court vacates $66,704 condo special-assessment award over missing counterclaim
A Florida appeals court vacated a $66,704.03 award to a condominium association September 23 because the association had never pleaded a claim for the money.
Built Green Corp. bought a unit at Environ Condominium II at a 2019 tax-deed sale. The Fourth District Court of Appeal said a Broward judge could reject the buyer's requests for declarations and an accounting, but could not order the buyer to pay assessments, interest, attorney's fees and costs on an unpleaded claim.
The opinion leaves the underlying account dispute for further proceedings. It says a summary-judgment motion cannot create a cause of action absent from the pleadings.
The decision is not final until the court resolves any timely rehearing motion.
