Legal Question in Real Estate Law in Florida

Do we as individual Florida condo owners have the "right of first refusal" on the sale of a condominium unit or is it the Association through the Board that has that right?

For example...if a unit has a contract on it can an individual owner of another unit stop the sale and purchase it themselves..... or can only the "Association" through the Board find an alternate buyer or purchase it themselves.

Our documents say the that the association has the "right of first refusal" and or the right to find an alternate buyer.

Asked on 8/29/13, 9:47 am

2 Answers from Attorneys

Jean Winters Winters & Winters, PA
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No.

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8/29/13, 7:38 pm
Byron Petersen Byron G. Petersen P.A.
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Neither a unit owner, group of unit owners, or the Association have a right of first refusal. An owner has the right to sell his property to whom he or she deems fit, subject to compliance with Condo articles and rules such as a background check for felony convictions. Remember that a unit owner owns everything within the structural walls of the condominium. Attendant to that is a percentage interest in common elements such as hallways and the swiming pool. To deny alienability of property is unconstitutional as well.

If the Association has taken over based on failure to pay assessments, and with a judge's approval, the outcome might be somewhat different. Then it is the Association's task to outbid other creditors secured by the unit and appurtenant common elements, taking title in the process.

This is not a legal opinion. You may not rely on my observations. You may secure an opinion by engaging an attorney and meeting with that attorney in a one to one conference.

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9/01/13, 4:12 pm

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