Condo Association Management Blog

All I can say is "Buyer Beware". Have no input beyond this.

I would think that the back taxes and any other debt goes with the 
 
sale price. I would be interested as well to know that

at the time of the sale there should have been a search either by you or your representative. All back liens should have been deducted from the sale price. Under all circumstances a search should be made before buying

AS PER 2008 FLORIDA STATUES 197.522 TAX DEEDS. EXCEPT AS SPECIFICALLY PROVIDED IN THIS CHAPTER, NO RIGHT, INTEREST, RESTRICTION OR OTHER COVENANT SHALL SURVIVE THE ISSUANCE OF A TAX DEED, AXCEPT THAT A LIEN OF RECORD HELD BY A MUNICIPAL OR COUNTY GOVERNMANTAL UNIT

In my state,Maryland, those outstanding fees should have been claimed by the association at the closing. Failing to do so forfetieted any right to submitting a subsequenbt claim. Did you have an attorney present at the closing.If so he may be fauklted for failing to protect your interest at that event.

See FL Statute 718.120 and then 197.573 Survival of restrictions and covenants after tax sale.-(2)This section shall apply to the usual restrictions and covenants limiting the use of the property; but this section shall NOT protect covenants creating any debt or lien against or upon the property,...or requiring the grantee to expend money for any purpose except...sanitary...or nuisances...

The answer is NO. The new buyer should not have to pay, based on: FL Statute 718.120 and then 197.573 Survival of restrictions and covenants after tax sale.-(2)

Yes 720.312 Declaration of covenants; survival after tax deed or foreclosure 
 
All provisions of a declaration of covenants relating to a parcel that has been sold for taxes or special assessments survive and are enforceable after the issuance of a tax deed or master's deed, or upon the foreclosure of an assessment, a certificate or lien, a tax deed, tax certificate, or tax lien, to the same extent that they would be enforceable against a voluntary grantee of title to the parcel immediately before the delivery of the tax deed or master's deed or immediately before the foreclosure. 
 

720.3085 Payment for assessments; lien claims

720.3085 refers to HOA's not COA's. And HOA's are governed by the sugarmill case. HOAs and COAs are non governmental entities governed by contractual law. Don't let them blackmail you.

All 720.312 means you owe that day forward. You may have to look into SB 2984 filed in 2004 or 2005 it basically makes 720.312 moot. Im not a lawyer do your own research. Or you can file a quiet title action and get a proper deed free from all cc&r's except for the gov made ones