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Do the words unpaid assessements as defined in Florida Statutes

Do the words 'unpaid...
Do the words 'unpaid assessements' as defined in Florida Statutes 718.116 (1)(a) exclude any ancillary costs of collections such as interest, fines and legal fees?
The isue involves a purchaser of a foreclosed property arguing he is only responsible to the Associaition under the aforementioned statute for the bare bones assessment and not any other costs. Is he right?
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5/3/2012
LawHelpNow
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QUESTION: "Is he right?"

 

ANSWER: Yes. Here is how this works. Applying canons or rules of statutory constructions, we start with the plain language of the law: Florida Statutes § 718.116 (1)(a). We see no such mention. Later on, we do see the words, in another context, "...is not liable for any unpaid assessments, late fees, interest, or reasonable attorney's fees and costs...". Now, the logic goes like this. If the Legislature took the time to include those words (again realizing in a different context) mere inches later in the text, than surely had it intended to do so in relation to the point you have raised, it would have simply done so. So, in the absence of good case law to the contrary (which is not the case), the plain language controls and simply imposes liability for "unpaid assessments"...period.

 

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