FLAGLER FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI, APPELLANT,
v.
CRESTVIEW TOWERS CONDOMINIUM ASSOCIATION, INC., APPELLEE
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Flagler Federal Savings and Loan Association appealed a summary judgment upholding a condominium association's amended declaration prohibiting unit leasing. The court affirmed, holding that a mortgagee-turned-owner is bound by condominium declaration amendments regardless of when title was acquired, because the mortgagee had constructive knowledge of the recorded declaration and amendment provisions.
Both units are bound by the amended Declaration. For Unit 216, acquired by quitclaim deed, the operative date is the deed date (1987), when the amendment was in effect. For Unit 503, although title relates back to the mortgage date (which predates the amendment), the mortgagee is nonetheless bound by the amendment because it had constructive knowledge of the recorded Declaration and its amendment provisions.
[1] A quitclaim deed in lieu of foreclosure does not relate back to the date of the mortgage for the purpose of determining the applicability of subsequent amendments to a co…
[2] A condominium unit owner is charged with knowledge of recorded condominium documents, including amendments, at the time title is acquired.
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Join FLexlaw to unlock all legal intelligence“condominium purchaser charged with knowledge of recorded documents”
Establishes constructive knowledge doctrine requiring unit owners and mortgagees to be aware of recorded Declaration provisions
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Join FLexlaw to unlock all legal intelligenceCrestview Towers Condominium's original 1970 Declaration permitted leasing with association approval but excluded institutional mortgagees from the re…
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BASKIN, Judge.
Flagler Federal Savings and Loan Association of Miami [FFSL] appeals a final summary judgment entered in favor of defendant, Crestview Towers Condominium Association, Inc. [Association], in a declaratory judgment action brought by FFSL to determine its right to lease two condominium units. We affirm.
In June 1970, the developers of Crest-view Towers Condominium (Crestview) executed a Declaration of Condominium and recorded it in the public records of Dade County. The Declaration stated that unit owners could not lease their units without the express approval of the Association. The Declaration excluded from the leasing restrictions institutional mortgagees acquiring title. While the exclusion was in effect, FFSL became the mortgagee on Crestview Units 503 and 216.
In June 1984, the Declaration was amended to prohibit leasing entirely. In 1987, FFSL acquired title to Unit 503 by purchasing the unit at a foreclosure sale. It acquired title to Unit 216 when the mortgagors gave FFSL a quitclaim deed in lieu of foreclosure. When FFSL attempted to lease the units, the Association objected, asserting that the amended Declaration proscribed leasing. FFSL filed an action against the Association requesting a declaration of its right to lease and seeking injunctive relief. The trial court granted the Association’s motion for summary judgment and entered a final summary judgment. FFSL instituted this appeal.
FFSL argues that neither unit is bound by the amendment to the Declaration. It maintains that unit owners are bound by the rules in effect at the time they acquire title and that its titles to both units relate back to the dates of the mortgages, which predate the amendment. Thus, it asserts, the amendment prohibiting leasing does not apply to its units. FFSL does not argue that the amendment was not properly adopted by the Association. Kroop v. Caravelle Condominium, Inc., 323 So. 2d 307 (Fla. 3d DCA 1975).
First, we find no authority to support FFSL’s assertion that title to Unit 216, acquired by a quitclaim deed in lieu of foreclosure, relates back to the date of the mortgage.1 Thus, the operative date for the purpose of determining the applicability of the Declaration amendment to Unit 216 is the date of the quitclaim deed. When FFSL acquired title by quitclaim deed to this unit in 1987, the amended Declaration was in effect. FFSL was aware of the recorded Declaration and its amendment provisions when it mortgaged the unit and when it acquired the unit.2 Accordingly, it may not complain that the Declaration amendment is binding. Providence Square Ass’n v. Biancardi, 507 So. 2d 1366, 1372 (Fla.1987) (condominium purchaser charged with knowledge of recorded documents); see Kroop, 323 So. 2d at 307 (condominium owner acquired title with knowledge of Declaration and possibility of subsequent amendments).
Furthermore, while FFSL’s title to Unit 503, acquired at foreclosure sale, does relate back to the date of the mortgage, Summerlin v. Orange Shores, Inc., 97 Fla. 996, 122 So. 508 (1929); Mortgage Investors of Washington v. Moore, 493 So. 2d 6 (Fla. 2d DCA 1986), FFSL is nonetheless bound by the Declaration amendment. Restrictions found in a Declaration of Condominium “are clothed with a very strong presumption of validity which arises from the fact that each individual unit owner purchases his unit knowing of and accepting the restrictions to be imposed.” Hidden Harbour Estates v. Basso, 393 So. 2d 637, 639 (Fla. 4th DCA 1981). FFSL was aware of the recorded Declaration of Condominium binding Unit 503 when it issued the mortgage;3 the same Declaration contained provisions for amending the Declaration. Providence Square; White Egret Condominium, Inc. v. Franklin, 379 So. 2d 346 (Fla.1979). FFSL had the option of refusing to issue mortgages on units bound by the Declaration. FFSL, like other unit owners who acquired title prior to the amendment, is bound by the Declaration as amended. Everglades Plaza Condominium Ass’n v. Buckner, 462 So. 2d 835 (Fla. 4th DCA 1984); Seagate Condominium Ass’n v. Duffy, 330 So. 2d 484 (Fla. 4th DCA 1976); Kroop; McElveen-Hunter v. Fountain Manor Ass’n, 386 S.E. 2d 435 (N.C.Ct.App.1989), affirmed, 328 N.C. 84, 399 S.E. 2d 112 (1991); Hill v. Fontaine Condominium Ass’n, 255 Ga. 24, 334 S.E. 2d 690 (1985); see Hidden Har-bour Estates; Constellation Condominium Ass’n v. Harrington, 467 So. 2d 378 (Fla. 2d DCA 1985); Ritchey v. Villa Nue-va Condominium Ass’n, 81 Cal.App.3d 688, 146 CaLRptr. 695 (1978). Compare Winston Towers 200 Ass’n v. Saverio, 360 So. 2d 470 (Fla. 3d DCA 1978) (condominium association bylaw invalid when it attempts to impose retroactive regulation). For these reasons, we conclude that the trial court properly entered summary judgment in the Association’s favor. Appellant’s remaining points lack merit.
Affirmed.
. "As a general rule, if a borrower returns his interest in mortgaged property to the lender, such a transfer operates as a merger of the two estates of interests, the lender is vested with complete title and any rights that he formerly held under the mortgage are terminated." Prigal v. Keam, 557 So. 2d 647, 648 (Fla. 4th DCA 1990) (emphasis added); Alderman v. Whidden, 142 Fla. 647, 195 So. 605, 606 (1940); Janus Properties v. First Florida Bank, N.A., 546 So. 2d 785, 786 (Fla. 2d DCA 1989) (‘by accepting the warranty deed ... First Florida merged its equitable interest as mortgagee into its new legal interest as owner of the property.") (emphasis added); Floorcraft Distributors, Inc. v. Home-Wilson, Inc., 251 So. 2d 138, 140 (Fla. 1st DCA 1971).
. The legal description to Unit 216, as recited in FFSL’s complaint, is:
Unit No. 216, CRESTVIEW TOWERS CONDOMINIUM, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 6888, at Page 155, of the Public Records of Dade County, Florida; as amended, together with all improvements, appliances and fixtures located thereon as described in said mortgage.
(Emphasis added).
.The legal description to Unit 503, as recited in FFSL’s complaint, is:
Unit No. 503, CRESTVIEW TOWERS CONDOMINIUM, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 6888, at Page 155, of the Public Records of Dade County, Florida; as amended, together with all improvements, appliances and fixtures located thereon as described in said mortgage.
(Emphasis added).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Grove Isle Ass'n, Inc. v. Grove Isle Assocs., LLLP, 137 So. 3d 1081 (Fla. 3d DCA 2014)…93 So. 2d 637, 639-40 (Fla. 4th DCA 1981)). With respect to the effect of subsequent amendments, the Court in Woodside cited approvingly to this Court’s holding in Flagler Federal Savings & Loan Ass’n of Miami v. Crestview Towers Condominium Ass’n, 595 So. 2d 198 (Fla. 3d DCA 1992), which reasoned that since unit owners were on notice of the recorded declaration’s provisions for amendments to the declaration when they purchased the unit, they were bound by the subsequent amendments to the declaration. Woodsi…
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Woodside Vill. Condo. Ass'n, Inc. v. Adolph S. Jahren and Gary M. McClernan, 806 So. 2d 452 (Fla. 2002)…edged that the lease restrictions would be valid if they predated the respondents’ purchase of units. See id. at 832-33. In its analysis, the court rejected the reasoning of Flagler Federal Savings & Loan Ass’n v. Crestview Towers Condominium Ass’n, 595 So. 2d 198 (Fla. 3d DCA 1992), and distinguished Seagate Condominium Ass’n, Inc. v. Duffy, 330 So. 2d 484 (Fla. 4th DCA 1976), wherein the Third and Fourth Districts upheld the validity of amendments to condominium declarations imposing additional lease restri…1 / 2
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Woodside Vill. Condo. Ass'n, Inc. v. Adolph S. Jahren and Gary M. McClernan, 754 So. 2d 831 (Fla. 2d DCA 2000)…eathe life into an amendment that is otherwise arbitrary or discriminatory. Similarly, as it applies to the facts before us, we reject the reasoning and holding in Flagler Fed. Sav. & Loan Ass’n of Miami v. Crestview Towers Condominium Ass’n, Inc., 595 So. 2d 198 (Fla. 3d DCA [*835] 1992). In a case with facts at least partially similar to the facts in this appeal before us, the Flagler court upheld, against unit owners, leasing restrictions contained in an amendment to a declaration of condominium. Flagler…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (14 total)
- Providence Square Ass'n, Inc. v. Biancardi, 507 So. 2d 1366 (Fla. 1987)
- White Egret Condo., Inc. v. Franklin, 379 So. 2d 346 (Fla. 1979)
- Summerlin v. Orange Shores, Inc., 97 Fla. 996 (Fla. 1929)
- Hidden Harbour Ests., Inc. v. Basso, 393 So. 2d 637 (Fla. 4th DCA 1981)
- Seagate Condo. Ass'n, Inc. v. Duffy, 330 So. 2d 484 (Fla. 4th DCA 1976)
- Alderman v. Whidden, 142 Fla. 647 (Fla. 1940)
- Constellation Condo. Ass'n, Inc. v. Harrington, 467 So. 2d 378 (Fla. 2d DCA 1985)
- Floorcraft Distribs., Inc. v. Horne-Wilson, Inc., 251 So. 2d 138 (Fla. 1st DCA 1971)
- Winston Towers 200 Ass'n, Inc. v. Saverio, 360 So. 2d 470 (Fla. 3d DCA 1978)
- Prigal v. Kearn, 557 So. 2d 647 (Fla. 4th DCA 1990)