Ft. Lauderdale, Fla. – April 18, 2022 – Greenspoon Marder is pleased to announce that the firm has secured a defense victory for client Shelborne Hotel Partners WC LP (Shelborne). The lawsuit challenged the unit owners’ rights to utilize the general amendment section in the declaration to lower the percentage of votes required to terminate the condominium. The remaining unit owner at the Shelborne Hotel Condominium Association brought on the lawsuit in the Complex Business Division of Miami-Dade County, Fla.
Greenspoon Marder along with counsel for the Termination Trustee and the Association filed Motions for Summary Judgment. On December 2, 2021, Judge William Thomas granted the first Motion for Summary Judgment in favor of the Defendants on Counts I, II, III, IV, V, VI, VII, VIII, IX, XI, XII and XIII. Subsequently, on March 2, 2022 Judge Alan Fine granted a second Motion for Summary Judgment in favor of the Defendants on Counts X, XIV, XVI and XVII. The only remaining issue was to try the Plaintiff’s claim for damages related to the fair market value of Plaintiff’s unit. On March 14, 2022, the case proceeded to a jury trial and in the middle of the trial the damages claim was settled.
Judge Thomas sided with Shelborne and held that anyone purchasing a condominium unit goes into the relationship with their “eyes wide open” that their rights under the Declaration, including the percentage vote required for termination, could be altered by an amendment.
The Greenspoon Marder team was led by partners Chad J. Tamaroff and Mark F. Grant with support from partners Thomas F. Coyle and Aaron Williams.
“The Court’s decision was an excellent result for our client and we are very pleased with the outcome. The successful outcome of this condominium declaration dispute was a result of the hard work of our team,” said Tamaroff.
