Vertical Subdivisions Receive Recognition in 2024 Amendments to the Condominium Act (FL)

This year’s extensive condominium bill CS/CS/CS/HB 1021 (“HB 1021”) containing amendments to the Condominium Act created a new Section 718.407 entitled “Condominiums created within a portion of a building or within a multiple parcel building.” It provides for, among other things, statutory recognition of what is known in the industry as a “vertical subdivision,” a […]

Florida Law Shifts Control of Mixed-Use Common Areas

A legal fight is brewing over a new state law in Florida that gives developers more control over common areas in mixed-use buildings where residential condos share the premises with a hotel, among other uses.  Mixed-use condo buildings aligned with prominent hotel brands that run them like resorts has been a popular business model in […]

Hotel-Condominium Governance Litigation: Could IconBrickell Go National?

In 2020, the Florida Third District Court of Appeal issued the IconBrickell decision that has had a profound effect on the way practitioners and developers think about the legal landscape of mixed-use properties throughout the state of Florida, particularly branded residential condominiums. In IconBrickell Condominium No. Three Association v. New Media Consulting, 310 So.3d 477 […]

Hotel Condominiums – An Endangered Species (FL)

Hotel condominiums are created by combining hotel facilities and condominium units into a single project. They can exist as standalone buildings or part of larger vertical subdivisions. Either way, the hotel rooms are sold as individual condominium units and form the condominium component, and everything else (common elements in a traditional condominium) forms the hotel […]

Condominium Documents That Require Co-Owners to Use a Developer’s Rental Management in Condo Hotel May Violate The Sherman Antitrust Act (MI)

As a condominium attorney, I have always been fascinated with condominium hotels, and wrote one of my first published articles on condominium hotels in 2012. Condominium hotels can often be a great investment, as they provide a place for co-owners to vacation and rent their units for a portion of the year to earn supplemental […]

Permanent residents of Summerland Waterfront Resort sue resort rental pool association over increasing fees (BC)

Residents in a Summerland resort community are suing for thousands in damages.  Four residents of condos in the Summerland Waterfront Resort on Lakeshore Drive have filed a civil suit against the Resort Rental Resort Pool Association, along with multiple members of the strata board, after being sued themselves for not paying the expenses the resort […]

Forty investors who bought rooms in Miami Beach’s Shelborne Hotel lose contentious lawsuit

Five years after suing Miami Beach hotelier Keith Menin, their condo association and companies tied to developer Russell Galbut for allegedly authorizing nearly $30 million in illegal assessments to renovate and repair the Shelborne Hotel, 40 investors who bought rooms in the historic property have lost their battle.  Miami-Dade Circuit Court Judge Beatrice Butchko last […]

Resort With A Real Estate Ownership Component: A Turnaround Case Study

Whether the setting is sun-and-sand, snow-and-ski, or an indoor water park, today’s destination resorts commonly feature real estate ownership programs. Structured as whole ownership, fractional ownership, or timeshare, these “residential” condominiums typically feature fully equipped kitchens and multiple bedrooms. This article provides a brief overview of this concept, using a turnaround case study to demonstrate […]