Cohn v. GRAND CONDOMINIUM ASSOCIATION, INC.
62 So. 3d 1120
| Fla. | 2011Background
- The Grand Condominium is a mixed-use development with 810 residential, 259 commercial, and 141 retail units.
- Its declaration provides a seven-member board with voting distributed among residential, commercial, and retail unit owners.
- The Declaration adopts the Florida Condominium Act as in effect at recording, without language binding it to future amendments.
- Florida § 718.404(2) regulates voting in mixed-use condos and, as amended, favors residential voting control when ≥50% of units are residential.
- In 2007 the Legislature retroactively applied § 718.404(2) as a remedial measure.
- Cohn, a residential unit owner, sued claiming the retroactive application impaired Grand’s contract rights and soughtDeclaratory Judgment; the trial court granted summary judgment for Grand; Third District affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does retroactive § 718.404(2) impair the contract rights of The Grand? | Cohn argues retroactivity alters contractual voting rights. | Grand contends statute applies as remedial, not impairing contract. | Yes; retroactive application impairs contract. |
Key Cases Cited
- Angora Enterprises, Inc. v. Condo. Ass'n of Lakeside Village, 796 F.2d 384 (11th Cir.1986) (interpretation of future statutory application to declarations)
- Sans Souci v. Div. of Fla. Land Sales & Condos., 421 So.2d 623 (Fla. 1st DCA 1982) (timing of filing determines contractual rights in condo schemes)
- Pomponio v. Claridge of Pompano Condo., Inc., 378 So.2d 774 (Fla. 1979) (laws impairing contractual obligations are unconstitutional)
- Dewberry v. Auto-Owners Ins. Co., 363 So.2d 1077 (Fla. 1978) (subsequent legislation diminishing contract value is repugnant)
- Woodside Village Condo. Ass'n v. Jahren, 806 So.2d 452 (Fla.2002) (covenants running with the land; contractual framework in condos)