Case Background

Domus Alba Investments, LLC and GMT Associated, LLC sued Coral Gate West Condominium Association, Inc. in Miami-Dade County. Domus, a Florida company, bought a condo unit in Hialeah from Coral Gate. Coral Gate acquired the unit through a foreclosure auction in 2015. That foreclosure started in 2009 due to unpaid association fees. Despite the auction, the property still carried a mortgage from Wilmington Savings Fund Society.

Cause

Coral Gate foreclosed on the unit after the previous owner failed to pay association dues. The court approved the sale, and Coral Gate became the unit owner. This ownership made Coral Gate responsible for past and ongoing assessments. Later, Domus purchased the unit. After the sale, billing issues surfaced. Domus claimed Coral Gate imposed incorrect charges. It said Coral Gate added fees that were either outdated or never owed. The disagreement led to a breakdown in clarity over financial responsibilities.

Injury

Domus faced ongoing confusion over payment obligations. It struggled to determine the correct fees. The disputed charges disrupted financial planning. Domus believed Coral Gate’s billing practices were unfair. This uncertainty affected Domus’s rights as the new property owner. It no longer trusted the association’s statements. As a result, it turned to the court for clarification.

Damages

Domus requested a court ruling to resolve the dispute. It wanted clear guidance on what fees it actually owed. Domus also asked for reimbursement. It claimed Coral Gate overcharged it and should return the extra payments. The requested damages were financial. Domus did not claim emotional harm but focused on wrongful charges.

Key Arguments and Proceedings

Legal Representation

• Plaintiffs: Domus Alba Investments, LLC | GMT Associated, LLC

• Counsel for Plaintiff: Elbert Alfaro

• Defendants: Coral Gate West Condominium Association, Inc. | Coral Gate

• Counsel for Defendants: William G. Essig

Claims

Count I – Declaratory Relief

DOMUS sought a court ruling to define each party’s financial obligations under Florida Statute 718.116. Coral Gate acquired the condo on March 6, 2015, through foreclosure. DOMUS purchased it on March 19, 2015. Disputes arose when Coral Gate demanded fees tied to DOMUS’s ownership. DOMUS asked the court to clarify who was responsible for specific assessments.

Count II – Unpaid Assessments

DOMUS claimed Coral Gate failed to pay required assessments during its ownership from March 19, 2015, to March 21, 2019. DOMUS also cited unpaid amounts from prior periods. Relying on Florida Statutes 718.116 and 718.303(1), it sought full repayment, attorney’s fees, and costs.

Count III – Loss of Rent

DOMUS alleged Coral Gate’s actions blocked a $999/month lease scheduled to start July 1, 2019. By declaring the account delinquent, Coral Gate prevented the rental. DOMUS requested damages for lost rent, plus attorney’s fees, costs, and other relief.

Defendant’s Response and Affirmative Defenses

Coral Gate West Condominium Association, Inc. acknowledged the court’s jurisdiction but denied DOMUS’s entitlement to relief under Count I (Declaratory Relief). It disputed DOMUS’s claims regarding assessment responsibilities and rent collection, arguing the claims lacked legal merit.

In Count II (Damages under Fla. Stat. 718.116), Coral Gate denied liability and challenged DOMUS’s interpretation of the statute, despite the claim exceeding $15,000 in value.

For Count III (Loss of Rent), the Association denied that any rent was lost, without admitting fault.

Coral Gate raised several affirmative defenses. It argued DOMUS failed to state a valid claim for declaratory relief, damages, or lost rent. It asserted DOMUS had no right to rents collected by a prior owner and lacked evidence of actual loss.

The Association invoked the doctrine of caveat emptor (buyer beware) and argued there was no contractual relationship supporting DOMUS’s rent claims. It also claimed entitlement to any rents owed until DOMUS satisfied outstanding dues, per Florida Statute §718.116.

Coral Gate reserved the right to amend its defenses as discovery continued.

Jury Verdict

On March 1, 2025, the jury found in favor of the Plaintiffs, Domus Alba Investments, LLC, and GMT Associated, LLC, against Coral Gate West Condominium Association on the claim of negligence.

The jury awarded $6,000 in total damages, finding that the Association’s negligence was a legal cause of loss to the Plaintiffs.

As a result, the Plaintiffs prevailed in their claim, with the jury holding the Association liable for the resulting damages.

Court Documents

Complaint

Verdict