The Declaration of Condominium “Says what It Says”

There are lawsuits that don’t make sense. They just don’t. Granted, we do not know all of the ins-and-outs of the lawsuit, but the facts described in the case give an aura of irrationalness by one of the parties. Here is one – in what appears to be a condominium association taking an unreasonable position giving the unit owner no choice but to sue. In Cool Spaze, LLC v. Boca View Condominium Association, Inc., 45 Fla. L. Weekly D165a (Fla. 4th DCA 2020), a purchaser bought a unit in a condominium. He transferred the unit to a limited liability company he...

28 June

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Condominium’s Declaration is a Contract

Posted by David Adelstein

in Trial Perspectives

A condominium’s declaration is a contract. As a unit owner, it serves as your contract and will govern your rights with your condominium association. Just like any contract, disputes arise between a unit owner and the association regarding the interpretation of the declaration. And, no different than any contract, the interpretation of a declaration is reviewed under a de novo standard of appellate review. See Lenzi v. The Regency Tower Ass’n, 43 Fla.L.Weekly D1397a (Fla. 4th DCA 2018). Lenzi serves as an example of a dispute involving a condominium unit owner and his association regarding the interpretation of a provision in...

13 March

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Strict Construction of Condominium and Homeowner Association’s Declarations

Posted by David Adelstein

in Trial Perspectives

Do you live in a condominium or in a homeowner’s association? If so, then you know you are governed by a Declaration of Condominium (in the case of condominium unit ownership) or a Declaration of Covenants (in the case of home ownership). Please review these in addition to any amendments that may modify any of the paragraphs or covenants. These are recorded in the official, public records where the condominium or homes are located. So, you can obtain these documents online with ease. Declarations are covenants running with the land operating as a contract between the governing association and owners. See Woodside...