CSK Defense Team
Miami Partner Haley Kornfield
Miami Associate Raphael Marjenberg
Case Summary
This dispute arose after the owner of seven commercial condominium units challenged the method used to calculate its assessments under the condominium declaration. Although the Plaintiff had paid a fixed 10% share since acquiring the units in 2014, it later argued that its assessments should instead be based on its proportional ownership interest.
The Defendant relied on a 1974 Broward County court order incorporated into the declaration, which required the owners of those units to continue paying a fixed 10% share. The Plaintiff sought declaratory relief and damages, arguing that the declaration supported a different method of calculation.
Defense Strategy
The CSK Defense Team moved for judgment on the pleadings, arguing that the dispute had already been decided decades earlier and therefore could not be litigated again. The Team demonstrated that the 1974 court order was expressly incorporated into the declaration and remained controlling as to the assessment obligations for the commercial units.
The defense also established that, although the Plaintiff was not a party to the 1974 litigation, it held the same legal relationship to the property as the prior owners of the units. As a result, the earlier ruling remained binding, leaving no new issue for the Court to resolve.
Outcome
The Court granted the Defendant's motion for judgment on the pleadings and entered final judgment in favor of the condominium association, bringing the litigation to a close.
The decision underscores that court orders incorporated into condominium governing documents remain enforceable and highlights the importance of evaluating a property's governing documents and prior rulings before challenging long-established assessment obligations.
Special Thanks
Miami Partner Edward Polk
Fort Lauderdale East Administrative Partner Craig Minko
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