3D25-0288 — Steven Kwartin, Appellant, v. Miami Beach Townhomes, A Condominium Association, Inc., Appellee. (2026)

The Florida Third District Court of Appeal reversed a summary final judgment of foreclosure entered by the trial court against a unit owner.

The court held that a trial court may not enter a final foreclosure judgment while affirmative defenses and counterclaims remain pending and unresolved. The judgment was premature because the trial court granted summary judgment on the association's foreclosure claim without first adjudicating the unit owner's affirmative defenses (tender of payment, unclean hands, fraud, illegality) and counterclaims (breach of declaration and bylaws, breach of fiduciary duty). The court remanded the case for resolution of those defenses and counterclaims before any final foreclosure judgment may be entered.

Condominium associations foreclosing liens for delinquent assessments when unit owners have filed affirmative defenses or counterclaims.

Decision issued April 29, 2026; applies to pending and future foreclosure actions.