ERO PROPERTIES, INC., A NEW YORK CORPORATION, PETER GRZYBALA AND MARK FEUSTER, APPELLANTS,
v.
JAY CONE, EILENE BAROCAS, GLORIA SMITH AND NANCY GREENE, APPELLEES
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Unit owners of the Costa del Sol Condominium sought to enforce a January 1, 1980 deadline for developers to relinquish control of the homeowners association. The developer had amended the by-laws while still in control to extend their own control period by incorporating new statutory provisions. The court affirmed the unit owners' right to enforce the original takeover date based on the recorded declarations of condominium.
The recorded declarations of condominium take precedence over amended by-law provisions, and unit owners had the right to rely on the takeover provisions in the recorded declarations and original governing documents appended to the developer's offering prospectus, notwithstanding later statutory amendments.
[1] Relinquishment-of-control provisions in recorded declarations of condominium take precedence over subsequently amended bylaws.
[2] Purchasers of condominium units have a right to rely on takeover provisions in recorded declarations and original governing documents appended to the developer's offering…
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Join FLexlaw to unlock all legal intelligence“the relinquishment-of-control provisions in the declarations of condominium filed for record in June, 1974 take precedence over the amended provision in the by-laws, § 718.112(3)(c), Fla.Stat. (1979)”
Establishes the primary basis for the court's holding that recorded declarations control over amended by-laws
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Join FLexlaw to unlock all legal intelligenceThe Costa del Sol Condominium's declarations of condominium, articles of incorporation, and by-laws all required developers to relinquish control to u…
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NESBITT, Judge.
The declarations of condominium, articles of incorporation, and bylaws of the Costa del Sol Condominium Association all provided that the developers would relinquish control over the association to the unit owners no later than January 1, 1980. The declarations of condominium were amendable only upon a two-thirds vote of the condominium unit owners. However, the articles of incorporation and bylaws could be amended by a majority vote of the board of directors of the association. While still under the control of the developers, the board of directors amended the articles of incorporation and the bylaws to extend developer control by adopting the provisions of Section 711.66, Florida Statutes (Supp.1974) (effective October 1, 1974) (renumbered Section 718.301, Florida Statutes (1981)). The unit owners brought a class action seeking enforcement of the January 1, 1980 takeover provisions. The trial court granted them declaratory and injunctive relief to that effect and the defendant developer appealed.
We affirm the judgment below on the dual basis that: (a) the relinquishment-of-control provisions in the declarations of condominium filed for record in June, 1974 take precedence over the amended provision in the bylaws, § 718.112(3)(c), Fla.Stat. (1979); and (b) the acquiring purchasers of the individual units had a right to rely upon the takeover provisions in the recorded declarations of condominium and original articles of incorporation and bylaws which were appended to the developer’s offering prospectus, see Blaeser Development Corporation v. Cove Cay Condominiums Association, 412 So. 2d 889 (Fla. 2d DCA 1982), notwithstanding the contrary statutory provisions which came into effect after the filing of the declarations. See Tradewinds of Pompano Association v. Rosenthal, 407 So .2d 976 (Fla. 4th DCA 1982).
Affirmed.
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Citator
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- Tradewinds OF Pompano Ass'n, Inc. v. Rosenthal, 407 So. 2d 976 (Fla. 4th DCA 1981)
- Blaeser Dev. Corp. v. Cove CAY Condos. Ass'n, Inc., 412 So. 2d 889 (Fla. 2d DCA 1982)