As Seen in Law360: What’s Next After Fla. Courts Block Condo Termination Bid

Florida Supreme Court Declines Review in Biscayne 21 Condo Dispute: What It Means for Owners and Developers

The Florida Supreme Court’s recent decision not to review a Third District Court of Appeal ruling in the Biscayne 21 condominium dispute has renewed focus on Florida’s condominium termination laws and the importance of governing documents in redevelopment efforts.

At issue was a developer’s attempt to terminate the Biscayne 21 Condominium in Miami after acquiring more than 90% of the units and amending the declaration to lower the termination threshold. A group of holdout unit owners challenged the move, arguing that the amendment violated the condominium’s declaration, which required unanimous consent for changes affecting voting rights.

The Third District agreed, holding that the amendment improperly eliminated unit owners’ contractual voting protections and that the declaration did not automatically incorporate later amendments to Florida’s Condominium Act. By declining to exercise jurisdiction, the Florida Supreme Court allowed that ruling to stand.

A Document-Specific Ruling

Importantly, the decision does not rewrite Florida’s condominium termination laws. Instead, it underscores that outcomes in termination and buyout disputes often hinge on the specific language of a condominium’s governing documents, including whether they contain so-called “Kaufman language” incorporating future statutory changes.

Kluger Kaplan partner Lauren Fallick noted the ruling serves as a reminder for both developers and unit owners to closely review declarations and bylaws before pursuing or opposing a termination. While the decision was significant for the parties involved, it should not be viewed as a blanket prohibition on condo terminations across the state.

As South Florida continues to balance redevelopment demand with aging condominium stock and new regulatory requirements, this case highlights the need for careful legal analysis and strategic planning on all sides of a potential termination or buyout.

Read more via Law360.