L-R: Florida's Third District Court of Appeal Judges Ivan Fernandez, Fleur Lobree and Alexander S. Bokor. (Courtesy photos) 'You Can't Do That': Florida Court Sets Precedent in Condo Litigation
"Developers better be darn careful because this is going to cost them millions and millions of dollars," said Glen Waldman, a partner at Armstrong Teasdale.
March 15, 2024 at 11:54 AM
4 minute read
Litigation
What You Need to Know
- Ten unit owners of Biscayne 21 appealed a Miami-Dade Circuit Court ruling that allowed the defendants to amend a condo declaration to allow termination of the condo without unanimous consent.
- The Third District Court of Appeal reversed the circuit court ruling, halting the demolition since the change in the termination threshold materially altered the unit owners' voting rights.
- An attorney for the unit owners said the defendants nearly completed demolition of the building which has subjected them to millions of dollars in damages.
In a first-of-its-kind decision, a state appellate court in South Florida undid a condominium termination in Miami on an emergency basis.
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