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.
Under the POA's governing documents, turnover is triggered when the developer sells at least 95 percent of the total number of platted lots or recorded condominium declaration
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.
It is true that the condominium declaration
defines the areas outside the condominium units as "common areas.
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 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.
Included in this sale are 159 of the building's 189 units with the condominium declaration
in place," continued Graiser.
The Florida Supreme Court quashed the Second District's decision, stating that "because condominiums are a creature of statute, courts must look to the statutory scheme as well as the condominium declaration
and other documents to determine the legal rights of owners and the Association.
The condominium declaration
plan for the Bar Building was approved in 2006.
In truth, the seller agreed to subject the property to a condominium declaration
under the Act (see Harris Aff.
This additional step usually requires an amendment to the condominium declaration
and an amendment to the offering plan.