West Palm Beach, Fla. – May 11, 2022 – Greenspoon Marder is pleased to announce that partners Chad Tamaroff and Mark Grant have secured a defense victory for clients Mission Viejo Realty Limited Partnership and Crystal Palms Limited Partnership. The lawsuit sought a declaratory judgment and breach of contract challenging the unit owners’ rights to utilize the general amendment section in the declaration to lower the percentage of votes required to terminate the condominium and claimed that their vested rights were violated by approval of the amendment to the declaration.
The lawsuit was brought by the remaining unit owner at the Mission Viejo Condominium Association, Inc. Greenspoon Marder along with counsel for the Association filed Motions for Summary Judgment. On April 22, 2022 the Honorable James Nutt from Palm Beach County, entered a Final Summary Judgment in favor of our client.
Judge Nutt sided with Mission Viejo Condominium Association, Inc., Mission Viejo Realty Limited Partnership and Crystal Palms Limited Partnership 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 Court further found that the Plan of Termination did not create an impairment of Plaintiffs vested contract rights.
“We are pleased with the successful outcome of this lawsuit and the Court’s decision. Judge Nutt understood the rights of our client to amend the terms of the Declaration,” said Tamaroff.
