Community Update

Things Associations Should Know About Tax Deed Sales

By: Joseph Arena

Every so often associations will unexpectedly receive notice that a tax deed has been applied for in connection with a parcel or condominium unit in the community. Those notices will describe tax certificates, provide a redemption amount, and state the date on which the parcel or unit will be auctioned for unpaid property taxes if the redemption amount is not paid. Board members will often have questions when they review these notices and will need to obtain legal advice about what their associations should do, if anything. Although these matters should be reviewed with legal counsel on a case-by-case basis, there are some general things about tax deed sales that associations should know.  

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Condominium Rule Restrictions of Door-to-Deliveries: A Right or a Convenience?

By: Casey Amaya

In today’s world, almost anything you can fathom can be conveniently delivered to your door. Whether it is pet food, medicine, or your next meal, you can have seemingly anything you want delivered without ever leaving the comfort of your condominium unit. But has this convenience become a right? Can a condominium control such deliveries? 

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The Danger of Substituting Artificial Intelligence for Your Attorney

By: Florence King

“Don’t confuse your Google Search with My Law Degree.” This is a popular saying found on attorney coffee mugs these days, and this sentiment does not seem so farfetched as we live in a world increasingly dependent on autonomy and artificial intelligence (“AI”).

It’s rare to see people without their phone glued to their hands, and not so much for one-on-one conversations with others. Phones have become a portal of vast information. People regularly rely on search engines like Google, platforms like “Siri” and even social media outlets for answers, all of which utilize AI algorithms to dictate outcomes and results for answers. 

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Brown v. Rice
716 So.2d 807 (Fla. 5th DCA 1998)

By: Jay Roberts

The ability (and limitations) on transferring limited common elements is at the heart of THIS CASE. The declaration of condominium at issue specifically described the garages as limited common elements and gave the developer the authority to assign garages. The subject garage was assigned by the developer to the original purchaser of Unit 511. Unit 511 was at some point conveyed to Marie Young, who then conveyed the subject garage to another unit / unit owner in the condominium, Maria Brown. Thereafter, Edward and Joan Rice purchased Unit 511 and made claim to the garage, and this lawsuit ensued.

The Court relied upon a then-existing prohibition in the Condominium Act on the conveyance of common elements which are appurtenant to a unit. Prior to and at the time of the Brown decision, §718.106, Florida Statutes (1997), read as follows:

(2) There shall pass with a unit, as appurtenances thereto:
(a) an undivided share in the common elements and common surplus
(b) the exclusive right to use such portion of the common elements as may be provided by the declaration.

In the Court’s view, the garage units were appurtenant to the living units to which they were assigned by the developer. Although chapter 718, Florida Statutes, did not include a definition of “appurtenant,” Black’s Law Dictionary 103 (6th Ed.1990), defines the term as “belonging to; accessory or incident to; adjunct, appended, or annexed to….” Applying this definition, the Court concluded that the developer made the garage units appurtenant to the living units to which they were assigned by referring to the garage units as limited common elements designated for the exclusive use to the individual unit owner. Furthermore, the garage units met the definition of limited common elements provided in Section 718.103(13), Florida Statutes, in that they were common elements reserved for the use of certain unit owners to the exclusion of others. Accordingly, the Court held that the previous transfer of the limited common element garage was ineffective, and the rights to the garage remained with Unit 511.

Following THIS CASE, the Legislature amended §718.106(2), Florida Statutes, several times, and it now reads:

(2) There shall pass with a unit, as appurtenances thereto:
(a) an undivided share in the common elements and common surplus.
(b) the exclusive right to use such portion of the common elements as may be provided by the declaration, including the right to transfer such right to other units or unit owners to the extent authorized by the declaration as originally recorded, or amendments to the declaration adopted pursuant to the provisions contained therein. Amendments to declarations of condominium providing for the transfer of use rights with respect to the limited common elements are not amendments that materially modify unit appurtenances as described in §718.110(4). However, in order to be effective, the transfer of use rights with respect to limited common elements must be effectuated in conformity with the procedures set forth in the declaration as originally recorded or as amended under the procedures provided therein. This section is intended to clarify existing law and applies to association existing on the effective date of this act (amended portions underlined).

So why does THIS CASE matter? Now the Condominium Act is clear that limited common elements may be transferred between units (limited common element rights can still not be transferred outside of the condominium). HOWEVER, the ability to transfer limited common element use rights amongst units must be contained in the declaration of condominium.

If you are uncertain whether your declaration of condominium has sufficient language to allow for transfer of limited common element use rights amongst unit owners, contact your community association attorney to discuss.