De Soleil South Beach Residential Condominium Association, Inc. v. De Soleil South Beach Association, Inc.
A residential condominium association suspended most members' voting rights for nonpayment in order to manufacture the 75% member approval needed to sue the master association and developer. The Third DCA affirmed summary judgment for the developer (a unit owner with standing under the Declaration of Condominium) invalidating the suspensions and validating the board recall, but reversed as to the master association, which is not subject to the Condominium Declaration and therefore lacks standing to challenge the residential association's internal voting actions. The court also held the trial court retained jurisdiction to grant leave to amend to add counterclaims after final judgment because the rehearing deadline had not yet expired.
Key facts
- De Soleil South Beach Residential Condominium Association suspended most members' voting rights for nonpayment of assessments in order to achieve the 75% approval needed to authorize a lawsuit against the master association and developer.
- The developer (a unit owner) and master association challenged the voting suspensions and the board recall that followed; the trial court granted summary judgment invalidating the suspensions and validating the recall.
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Why it matters
Community association practitioners get a clear reaffirmation that, absent Kaufman language, post-recording amendments to the Condominium Act — including section 718.303(5)'s voting-rights suspension remedy — do not… — full analysis with a trial
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