Gov. Ron DeSantis on Friday quietly signed a controversial condominium bill into law that unit owners are already threatening to sue over if lawmakers don’t fix certain provisions next legislative session.
The 154-page bill, HB 1021, is largely about creating more accountability for condominium homeowner associations and managers. But tacked on late in the process this year were other provisions from a different bill that gave developers more control over common areas in mixed-use buildings where, for instance, residential units share the premises with a hotel. The bill will become law on July 1.
Mixed-used condominium buildings are becoming increasingly popular as retirees look to settle down in buildings run like resorts by prominent hotel brands, like The Ritz-Carlton Bal Harbour and the Carillon on Miami Beach.
Combining these commercial and residential developments has created unusual legal disputes over who controls what on the property.
Attorneys on behalf of developers argue that it is essential in mixed-use buildings for the developer and hotel owners to control common spaces like the lobby, the pool, the restaurants and the elevators because they need to make sure those areas are up to their standards.
Stevan Pardo, an attorney who represents condominium unit owners in high-profile cases like the Miami Beach Carillon dispute — where for years residents and the owner of the hotel and spa have battled in court over who owns common areas — disagrees that developers would keep better care of the property than the condo association, saying the associations more personally invested in the property but they often delegate the management of it to licensed professional organizations.
“Imagine you’re living in a condominium building and all you own is the air rights of your unit. You don’t own your front door. You have no rights to have ownership or control or maintenance of your lobbies, your elevators, your hallways, none of that. That’s all controlled by a developer, and they could control it forever,” Pardo said. “It doesn’t make any sense.”
Pardo also said he believes the bill could apply much more broadly to even purely residential buildings, giving developers control of everything except for the condo units themselves.