27 Oct Recent “accord and satisfaction” ruling necessitates a review of collection policies
The recent case of St. Croix Lane Trust & M.L. Shapiro, Trustee v. St. Croix at Pelican Marsh Condominium Association, Inc. (decided by the Second District Court of Appeal) is causing community associations throughout Florida to reassess their collections policies. The decision appears to be at odds with the 2008 Third District Court of Appeal decision in Ocean Two Condominium Ass’n. v. Kliger which held that the condominium statute protected associations from accord and satisfaction when accepting partial payments. The St. Croix court instead applied the general concept of accord and satisfaction in Section 673.3111, Florida Statutes. Read more in this summary provided by The Real Property, Probate & Trust Law Section of the Florida Bar. Community associations located outside the Second and Third DCA regions should contact legal counsel as to the applicability of these decisions. Coastal Association Law Group, P.L. serves community associations located within the jurisdiction of the First District Court of Appeal.