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Can the Association Revoke an Owners Assigned Parking Space?

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Cuevas, Garcia & Torres, P.A.

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Andrew Cuevas, Esq. - President

e-mail: acuevas@cuevaslaw.com

Tel: (305) 461-9500

Fax: (305) 448-7300

Introduction

Mr. Andrew Cuevas, Esq., is the President of Cuevas, Garcia & Torres, P.A., and Vantage Property Title Company. Cuevas, Garcia & Torres, P.A. provides legal services in the areas of Community Association Law, Real Estate law, and Business Immigration, including title insurance services through Vantage Property Title Company. If you have any questions regarding this article or any other questions, you can contact Mr. Cuevas at (305) 461-9500 or at acuevas@cuevaslaw.com. If you are interested in reading previous newsletters, please visit our website at www.CuevasLaw.com, and select the icon for Newsletters, then choose the area of law you are interested in.

Article

On February 19, 2014, the Third District Court of Appeals, in the matter of Keane v. The President Condominium Association, Inc. (____ So. 3d. _____, Case No.: 3D13-746, Fla. 3 rd DCA February 19, 2014) addressed a Developer's unique language in the Declaration of Condominium in order to determine if the Association acted properly in revoking an assignment of a parking space to a unit owner. The decision reinforces the understanding that a license to use a parking space is revocable at will. This 3rd DCA decision made a differentiation between an easement from a license.

The Condominium Association provided the unit owner a "Parking Space License," charging $5,000.00 for the space. The text of the document specifically stated that it was a "License onto BRIAN KEANE, for the use and all rights benefit of the parking space...." Nearly ten years thereafter, the Association sought to revoke the license.

Keane sued seeking a declaratory judgment apparently alleging the wrongful revocation of the license. The parties stipulated that the agreement was a license, not a lease or easement. The trial court granted the Association's motion for summary judgment. The appellate court affirmed.

The 3rd District Court of Appeals stated that "unlike a lease or an easement, a license is not an interest in real property; it merely gives one the authority to do a particular act on another's land." Therefore, the revocable license was properly revoked. The court noted a "narrow exception" to the rule of revocability when two elements are present, there is permission for a particular purpose and large sums or heavy obligations for permanent improvement were expended. Because there was no substantial sum to improve the parking space the exception was not proved.

This article is solely a partial explanation of all the issues related to the topic of this newsletter, and is not to be considered legal advice. The association should consult with its legal counsel to obtain explanations of all issues addressed herein and determine what rights unit owners have with regard to parking space assignments in your community.

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Cuevas, Garcia & Torres, P.A.
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