Condo Association Failed to Lay Proper Foundation for Admitting Ledgers into Evidence

Yang v. Sebastian Lakes Condominium Ass’n, 4D12-3363 and 4D12-3364 (Fla. 4th DCA 2013):

This appeal focused on the business record exception to the hearsay rule. Two condo owners appealed a final judgment of foreclosure on the condo association’s liens for assessed maintenance fees. The association’s attorney sent letters to condo owners notifying them of overdue assessments and collection fees. The letters informed the owners that a lien would be placed on their units if assessments were not paid. Another letter was then sent to the owners informing them that the association had recorded a Claim of Lien on their units and that it might foreclose if the past-due amounts were not paid.

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Sinatra v. Bussel, 2D12-1031 (Fla. 2d DCA 2013):

The Sinatras and Mr. Balog purchased separate condominium units from the Bussels. Both believed that they had purchased a dock and boat slip as part of their individual transactions. The Second District affirmed the trial court’s determination that as a matter of law the Bussels did not have authority to convey their interest in the dock and boat slip to the Sinatras and that title vested in Mr. Balog.

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