De Soleil South Beach Residential Condominium Association, Inc. v. De Soleil South Beach Association, Inc.
A residential condominium association tried to suspend the voting rights of a majority of its members for nonpayment so that it could satisfy the 75% member-approval condition precedent to filing suit against the master association and developer. The Third DCA affirmed the summary judgment for the Developer (a unit owner subject to the Declaration of Condominium, and thus with standing to challenge the suspensions and recall), but reversed as to the Master Association, which is not a unit owner or party to the Declaration and therefore lacks standing. 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 expired.
Key facts
- De Soleil South Beach Residential Condominium Association suspended voting rights of majority members for nonpayment to achieve 75% approval to sue the master association and developer.
- Developer (a unit owner subject to the Declaration) and Master Association (not a unit owner or party to the Declaration) both sought to challenge the voting rights suspensions.
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Why it matters
The opinion is a useful reminder that community-association governing documents that incorporate the Condominium Act only as of the recording date (no Kaufman language) will not absorb later statutory remedies such as… — full analysis with a trial
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