De Soleil South Beach Association, Inc. v. Amber Perrin

Summary

The Florida Third District Court of Appeal affirmed an amended final judgment in favor of condominium unit owners in a dispute over an amendment to a master declaration governing a mixed-use building. The court held that the amendment impermissibly removed or reclassified condominium common elements and thereby violated rights protected by Florida's Condominium Act. The court also concluded that private agreements could not override statutory condominium rights and affirmed without discussion as to the association's remaining arguments.

Holdings

1. The Second Amendment violated the Florida Condominium Act because it removed or reclassified common elements appurtenant to the condominium units without conveying title to the units.
2. Private agreements governing the building's parcels cannot override statutory rights created by the Condominium Act.

Questions Presented

1. Whether the Second Amendment to the Master Declaration could remove or reclassify condominium common elements and associated rights conferred on unit owners by the Florida Condominium Act.
2. Whether the contractual relationship among the three parcels permitted the Master Association to override statutory condominium rights.
3. Whether the trial court properly interpreted the Condominium Act and the governing declarations.

Disposition

affirmed