Lawsuit: Condo Association Sues to Foreclose on Unit Owned by Deceased Kings Point Resident

by Legal Desk | Dec 5, 2025 · 8:06 am | Delray Beach News

Lawsuit Condo Association Sues to Foreclose on Unit Owned by Deceased Kings Point Resident

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DELRAY BEACH, FL (Boca Post) (Copyright © 2025) — Saxony Condominium Association, Inc. has filed a foreclosure lawsuit in Palm Beach County circuit court, alleging thousands of dollars in unpaid assessments tied to a Kings Point condo.

The complaint, filed December 3, 2025, in the Fifteenth Judicial Circuit under Case No. 50-2025-CA-012568-XXXX-MB, lists the defendants as all unknown heirs and claimants related to former unit owner Eileen Gravius, an unknown tenant, and the Palm Beach County Board of County Commissioners, which holds its own lien on the property. The filing is styled as Saxony Condominium Association, Inc. v. All Unknown Heirs, Spouses, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees or Claimants by and Through Under or Against Eileen Gravius, Deceased, Unknown Tenant, and the Board of County Commissioners of Palm Beach County.

According to the complaint, the association says Unit 334 in Saxony G fell delinquent earlier this year, with assessments, late fees, administrative charges, and 18% annual interest mounting through the spring and summer. A Notice of Late Assessment was mailed on April 30, 2025, followed by an affidavit confirming the mailing in early June. The association then referred the file to its attorneys at Kaye Bender Rembaum, P.L., who sent a certified demand letter on June 20 stating that $3,652.94 was already outstanding and that only cashier’s checks or money orders would be accepted going forward. A second certified letter, dated August 18 and also issued by Kaye Bender Rembaum, warned that foreclosure would begin if the balance was not paid within 45 days.

By mid-August, the association had recorded a Claim of Lien totaling $5,618.08, an amount that included monthly assessments dating back to February, NSF fees from returned payments, repeated late fees, interest, mail charges, administrative fees, and $775 in claimed attorney fees. The complaint states that under Section 718.116, Florida Statutes, the estate of the deceased owner and any successors remain liable for all past-due assessments and that additional assessments may continue to accrue as the case proceeds. The association is also seeking “reasonable rental value” of the unit from the date the lien was recorded if the court ultimately orders a foreclosure sale.

The lawsuit further names Palm Beach County because of a utility lien for $218.61, recorded July 23, 2025, for unpaid water and wastewater charges tied to the same parcel. The association argues that its lien should take priority over the county’s claim, noting that condominium liens are superior in time and right under both the association’s governing documents and state statute. The property sits in the older Saxony section of Kings Point—tucked off Jog Road—where the association says notices were mailed in accordance with the address on file.

In its request for relief, the association asks the court to enter a final judgment foreclosing its lien, to declare its interest superior to all defendants, to award attorney fees and costs, and to permit a deficiency judgment if the sale does not cover the full balance. All allegations remain just that—allegations—until the court weighs the evidence.

The original document, as filed with the Palm Beach County Clerk of Court, can be downloaded here.

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