400 Sunny Isles Marina Condominium Association, Inc. v. 400 Sunny Isles Master Condominium Association, Inc.
The Third District affirmed in a per curiam citation opinion. The authorities it cited hold that a declaration of condominium works as the condominium's 'constitution,' that documents attached to and made part of the declaration are read together with it, and that the superior declaration controls over conflicting subordinate lease language. Absent consent or a proper amendment, owners' use rights under the declaration cannot be impaired.
Key facts
- The dispute was between a marina condominium association and the master condominium association of the 400 Sunny Isles development in Miami-Dade County.
- The Third District affirmed the circuit court's ruling in a per curiam opinion with citations. The citations concern the controlling force of a condominium declaration and how it relates to attached or subordinate lease documents.
Holdings
- A declaration of condominium strictly governs relationships among unit owners and the association, and its language controls over conflicting provisions in subordinate lease or sublease…
- +1 more holding with a free trial
Why it matters
The opinion is short and gives few facts, but its citations point to the rules that decide disputes in multi-tier condominium structures, such as master associations with marina or commercial sub-associations. The… — full analysis with a trial
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