Angelica Avila, et al. v. Biscayne 21 Condominium, Inc., etc., et al.

Summary

The Florida Third District Court of Appeal held that changing a condominium declaration’s termination-vote threshold from unanimity to 80% altered unit owners’ voting rights and therefore required unanimous approval under the declaration. The court also held that the declaration lacked sufficient Kaufman language to automatically incorporate the amended statutory termination threshold. It reversed the denial of a temporary injunction, remanded for entry of the injunction, and certified a question of great public importance.

Holdings

1. An amendment changing the termination threshold from unanimous approval to an 80-percent vote alters the unit owners' voting rights because it eliminates their contractually granted effective veto over termination. Under the declaration, the amendment therefore required unanimous approval and could not be adopted by a simple majority.
2. The declaration did not contain Kaufman language automatically incorporating later statutory amendments into the declaration. Its general recital submitting the property to condominium ownership under the Condominium Act, as amended, did not override the specific and unambiguous contractual provisions requiring unanimity for termination and for amendments altering voting rights.
3. The unit owners demonstrated a substantial likelihood of success on the merits and were entitled to a temporary injunction. The trial court therefore erred in denying the injunction.

Questions Presented

1. Whether changing the condominium-termination voting threshold from unanimous approval to 80 percent altered the unit owners' voting rights and therefore required unanimous approval under the declaration's amendment provisions.
2. Whether the declaration contained language under Kaufman v. Shere that automatically incorporated later amendments to the Condominium Act, including the statutory 80-percent termination threshold, despite conflicting express contractual provisions.
3. Whether the unit owners demonstrated a substantial likelihood of success on the merits sufficient to warrant a temporary injunction.

Disposition

reversed_and_remanded