Senior Law Clerk
In Winston Towers 100 Association v. Antonioli, 50 Fla. L. Weekly D2535 (Fla. 3d DCA 2025), the Third District addressed two issues that frequently arise in association lien foreclosures: statutory notice compliance and proof of amounts owed. The case is a useful reminder that associations can lose a lien foreclosure for defective notice even when the underlying debt is otherwise proven.
The condominium association filed suit to foreclose a claim of lien for unpaid assessments. The unit owner challenged the foreclosure, arguing that he did not receive proper statutory notice of the lien because the association failed to adequately verify the addresses to which the notice was sent.
The trial court agreed and ruled in favor of the unit owner on the lien foreclosure claim. The Association subsequently appealed. The Third DCA affirmed the trial court’s ruling on notice. The appellate court emphasized that condominium lien statutes impose strict notice requirements, and Associations must be able to show that notice was sent to the proper addresses, with some form of verification as to the time-frame of the owner’s residence there. Because the Association failed to establish that its notice reached the proper address, foreclosure of the lien was improper.
However, the case did not end there. The unit owner also challenged the association’s proof of the amounts owed, arguing that the Association’s witness—its records custodian—was not sufficiently knowledgeable because she did not personally prepare the ledgers or generate the accounting records. The trial court rejected the Association’s evidence on that basis. On this point, the Third DCA reversed. The appellate court clarified that a records custodian or association representative need not be the person who created the records in order to testify about them. It is enough that the witness understands how the records are kept, can explain the entries, and can testify to the amounts due. The Association’s witness met that standard.
As a result, the appellate court affirmed the ruling in favor of the unit owner on the lien foreclosure claim, due to defective notice, but reversed the trial court’s ruling on the Association’s proof of the amounts owed, allowing the Association to pursue collection of the unpaid assessments outside the lien foreclosure context.
Practice Pointers
Notice defects are fatal to lien foreclosure. Associations must strictly comply with statutory notice requirements and document address verification carefully.
Lien rights and debt collection are distinct. Losing the lien does not necessarily eliminate the underlying obligation to pay assessments.
Records custodians do not need firsthand creation knowledge. A witness who understands the recordkeeping system and can explain the records may testify to amounts owed.
Split outcomes are common in association cases. Courts may invalidate the lien while still permitting monetary recovery.
Takeaway: Condominium associations must get notice right to foreclose a lien—but they do not need a perfect witness to prove the debt itself. Notice and proof are separate inquiries, and failure on one does not automatically doom the other.
Association disputes often hinge on technical compliance issues that carry big consequences. We help associations and owners identify early whether a case turns on notice defects, evidentiary proof, or both—and chart the most effective path forward.
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