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Case Citations [1] (July 2018 through August 2019)

handle is hein.ali/relwprpty0257 and id is 1 raw text is: PROPERTY DIVISION 2. FREEHOLD ESATES CHAPTER 2. DEFINITION OF TERMS RELATING TO ESTATES § 14. Estate in Fee Simple Fla.App.2019. Cit. in sup. Non-profit corporation filed a petition with Florida Department of Economic Opportunity (Department), seeking to revive, through state statutes, the covenants and restrictions for several condominium units that corporation had previously maintained and operated. The Department denied corporation's proposal, finding that corporation was not a homeowners' association under the terms of the statutes. Following an appeal, the hearing officer affirmed. This court reversed and remanded, holding, inter alia, that corporation was a homeowners' association because the condominium units were parcels under the definition of the statute, each unit owner owned their parcel subject to exclusive ownership, and those owners were members of corporation in its capacity as an alleged homeowners' association. The court cited Restatement of Property § § 14 and 48 in noting that the fact that unit owners did not have exclusive ownership over the common elements of the condominium did not preclude them from having joint ownership over those elements in fee simple, because owning property in fee simple and having exclusive ownership of the property were separate and distinct ownership rights. Eastwood Shores Property Owners Association, Inc. v. Department of Economic Opportunity, 264 So.3d 264, 268. CHAPTER 4. ESTATES IN FEE SIMPLE DEFEASIBLE TOPIC 1. CREATION OF AN ESTATE IN FEE SIMPLE DEFEASIBLE § 48. Concurrent Estates in Fee Simple Defeasible Fla.App.2019. Cit. in sup. Non-profit corporation filed a petition with Florida Department of Economic Opportunity (Department), seeking to revive, through state statutes, the covenants and restrictions for several condominium units that corporation had previously maintained and operated. The Department denied corporation's proposal, finding that corporation was not a homeowners' association under the terms of the statutes. Following an appeal, the hearing officer affirmed. This court reversed and remanded, holding, inter alia, that corporation was a homeowners' association because the condominium units were parcels under the definition of the statute, each unit owner owned their parcel subject to exclusive ownership, and those owners were members of corporation in its capacity as an alleged homeowners' association. The court cited Restatement of Property §§ 14 and 48 in noting that the fact that unit owners did not have exclusive ownership over the common elements of the condominium did not preclude them from having joint ownership over those elements in fee simple, because owning property in fee simple and having exclusive ownership of the property were separate and distinct ownership rights. Eastwood Shores Property Owners Association, Inc. v. Department of Economic Opportunity, 264 So.3d 264, 268. COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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