Greenspoon Marder Successfully Represents Mission Viejo Realty Limited Partnership and Crystal Palms Limited Partnership in Condominium Declaration Dispute

May 11, 2022

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.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Successfully Represents Mission Viejo Realty Limited Partnership and Crystal Palms Limited Partnership in Condominium Declaration Dispute

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