Legal Question in Civil Litigation in Florida

Re: Is cashing a check a contract

Not necessarily. The bylaws, rules and resolutions passed by the Condo Board determine how assessments or fines are paid. The fact that the checks were cashed after the management company supposedly received your written statement is favorable to your position that the management company acquiesced or accepted you offer, but may not be determinative. You may incur additional charges (e.g., late fees, interest, etc.) by failing to pay the entire assessment within a certain period of time, pursuant to the condo rules or bylaws.

You would need to seek the advice of counsel who would research the issue. Of course, in light of the money at issue in your particular case, retaining and paying a lawyer would be a ridiculous economic decision.

Re: Is cashing a check a contract

A lot depends on what you said in your letter. If

you had stated that you were tendering the check

on the condition that if they cashed it, they were

accepting your terms, then I would say you had a

good argument. Even if you cannot establish the association

agreed to your terms, you have an argument it acquiesced,

but this depends on all the facts and circumstances

for which there is no definite answer.