Hitchens v. Murrell
Condominium owners exercised a right of first refusal by certified mail after the sellers contracted to sell their unit to a friend at a below-market price. The Fifth DCA reversed a judgment for the sellers, holding that the declaration's provision making notice 'effective on the date of mailing' controls over any general requirement of proof of actual receipt, that the right of first refusal ripened into an irrevocable option unaffected by the sellers' cancellation of the underlying contract, and that the sellers waived any condition-precedent defense by failing to plead it with specificity under Rule 1.120(c). The court ordered specific performance of the sale.
Key facts
- Condominium owners exercised a right of first refusal by certified mail after the sellers entered into a contract to sell their unit to a third party at a below-market price.
- The trial court ruled in favor of the sellers; the Fifth DCA reversed and ordered specific performance of the sale to the owners who exercised the right of first refusal.
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Why it matters
The opinion is a useful clarification for community-association and real-property practitioners: a declaration's 'effective upon mailing' notice clause overrides the default actual-receipt requirement from Maloney, and… — full analysis with a trial
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