Evelyn Greenstone Kammet and Miguel Espinosa (Miami, FL) (D&O) successfully obtained a Final Order granting Defendants’ Motion for Summary Judgment on Plaintiff’s Complaint for Declaratory Relief. Plaintiff, the owner of two commercial units within the subject condominium, alleged that a recorded Amendment to the Declaration of Condominium was unclear, ambiguous, unreasonable, patently unfair, and created doubt regarding Plaintiff’s obligation to pay maintenance assessments because thereunder, Plaintiff was required to pay more than other, larger commercial units. Through the guise of declaratory relief, Plaintiff sought reformation of the Declaration regarding its proportionate share in the undivided common elements.
The Court granted Summary Judgment in favor of the Condominium Association on the basis that Plaintiff failed to present record evidence that the Amendment was improperly enacted, rooted in bad faith, or in conflict with any express term of the Declaration. The Court further ruled that it was unauthorized to re-write the Declaration, and thus, the relief sought by Plaintiff for reformation failed as a matter of law.