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Tropicana Condo. Ass'n, Inc. v. Tropical Condo., LLC

208 So. 3d 755 (Fla. Dist. Ct. App. 2016)
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Tropicana Condo. Ass'n, Inc. v. Tropical Condo., LLC

2 Citing cases

  1. Avila v. Biscayne 21 Condo.

    No. 3D23-1616 (Fla. Dist. Ct. App. Mar. 13, 2024)

    See Tropicana Condo. Ass'n, Inc. v. Tropical Condo., LLC, 208 So.3d 755, 759 (Fla. 3d DCA 2016) (finding that non-unanimous amendments to declaration reducing vote threshold for termination of condominium could not be applied where declaration expressly required unanimous vote to amend termination provision and the "amendment, if retroactively applied, would eviscerate the Tropical owners' contractually bestowed veto rights").

  2. De Soleil S. Beach Residential Condo. Ass'n v. De Soleil S. Beach Ass'n

    322 So. 3d 1189 (Fla. Dist. Ct. App. 2021)   Cited 1 times
    Finding trial court had jurisdiction to grant defendant's motion for leave to amend to add counterclaims, where motion was filed before final judgment was entered and granted eighteen days after final judgment was entered, because time for rehearing had not expired; "As the deadline to move for rehearing had not expired, and the Residential Association had not yet filed a motion for rehearing, the court still retained jurisdiction to consider the Defendants’ motion to supplement counterclaims and amend the pleadings regardless of the merit of those counterclaims."

    1) Because condominium declarations are creatures of contract, amendments to the Condominium Act, Ch. 718, Florida Statutes, do not apply retroactively without express statutory intent. See Dimitri v. Com. Ctr. of Miami Master Ass'n, Inc., 253 So. 3d 715, 719 (Fla 3d DCA 2018) ; Tropicana Condo. Ass'n, Inc. v. Tropical Condo., LLC, 208 So. 3d 755, 758 (Fla 3d DCA 2016) (retroactive application of amendment to Condominium Act "impermissible" because it would alter and thereby detract from unit owner rights).2) The Declaration of Condominium here does not contain Kaufman language, i.e., the "as amended from time to time" language subjecting it to future statutory changes to the Condominium Act.