Most courts that have reviewed this issue have adopted the position that changes to a condominium declaration
are binding upon both current and subsequent unit owners.
The condominium declaration
, which is subject to the condominium act, and
Pinewood Estates Condominium Association, that the provisions in the condominium declaration
compel the purchaser at foreclosure or voluntary sale to pay pre-foreclosure assessments.
Until 2007, unless the condominium declaration
provided otherwise, the only method of terminating a condominium was to secure agreement from all unit owners and all mortgagees, (1) an almost impossible task.
The original condominium declaration
for 45 John Street called for 84 residential units, including seven penthouses each with private terraces, and 11 foot ceilings heights.
Because the estate holder appears as the titleholder, the owner effectively circumvents the restriction on assignment provided for in the condominium declaration
Perspective purchasers were to be made aware, through the condominium declaration
, that the subject lands would experience occasional flooding as per the design of this development.
A unit includes such accessory rights and obligation as are stipulated m the condominium declaration
In order to avoid application of the default rule, the lender must craft the deed so that it specifically exempts from transfer those special declarant rights reserved by the developer/borrower under the condominium declaration
(except the right to maintain a sales office and model units, which is discussed more thoroughly later).
In Woodside Village, the Florida Supreme Court held that an amendment to a condominium declaration
adopted by the unit owners imposing substantial restrictions on the leasing of units was valid and enforceable even against those owners who acquired their units prior to the amendment.
In this initial meeting you need to find out how far down the line the developer is in the conversion process, and how the condominium declaration
addresses unsold units and management of the common areas.
It is common for a condominium declaration
to characterize a parking space or garage as a limited common element of a unit.